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Should Cheaters Pay More in the Divorce? 

I read recently that the state of Arizona is reconsidering it's policy on "no fault" divorce. Meaning they may now allow a judge to consider evidence of an affair and compensate the "injured" party monetarily.Some states do allow a divorcing couple to bring in evidence of an affair or abuse while many others do not consider it at all.

 

 I was divorced in New Jersey and was very surprised when my lawyer told me that judge did not care that my husband was having an affair and that assets were divided based on equitable distribution only, not emotional or physical damage.What I think is unfair in no fault divorce states is when a cheater spends martial funds on the girlfriend or boyfriend. This should be considered. I also believe the person who has been cheated on and did not want the divorce should be awarded additional assets for pain and suffering.

 

 I know a woman whose husband cheated and gave her herpes. Logic would dictate that she should be financially compensated for pain and suffering because of her husband's actions.The downside to allowing evidence of an affair in the divorce courtroom would be longer courtroom battles and more more legal fees. Producing proof of a spouses' affair might also require hiring a private investigator. But maybe if people knew they might have to pay more in their divorce settlement if they cheated, they might reconsider cheating in the first place.

 

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by Christina-Rowe  298 Posts 

Posted on 2/24/2009 11:51 PM
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Tags: cheating , cheaters , cheating husband , equitable distribution ,
no fault divorce , martial assets , divorce courtroom , christina rowe
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Comments for "Should Cheaters Pay More in the Divorce?"  (9) (You must be logged in to answer)




Yes they should have to pay more!
by datme   105 Posts
Posted on 3/5/2009 7:47 PM
0





I think the cheater should have to pay and so should the adulteress if she knew he was married.
by Nadia1791   5 Posts
Posted on 3/5/2009 1:25 PM
1





In Ohio, my stbx cheats and then the courts rewards her by giving her alimony and half my 401k which I think is unjust. There should be some penality for adultery
by canary1922   355 Posts
Posted on 2/25/2009 3:02 PM
2





Blue...............Good post! I admit it.....lol....thats why your rational and I'm not........Sometimes my heart types what I feel instaed of my head!
*****go's to hide under table now*****

lol
by __STRIKER__   1399 Posts
Posted on 2/25/2009 2:53 PM
0





Meh.  I've got mixed feelings about this.  Having been cheated on, yeah, there's a part of me that thinks that my stbx should have to own up to that and pay for it.  On the other, really, would it be equally applied?  The men who cheat will get screwed over in a disproportionate amount than the women who cheat, especially if they have children and no job...nothing from nothing is nothing.  How would they be penalized for their infidelity?  A little less in the way of alimony?

It looks good on paper, but I think that I agree with Milly...no fault is quicker and easier.  You start adding all the things that could be fault into it, not only do you have to prove your claims, the person on the other side will hire a lawyer to fight the allegations tooth, fang, and claw, tying up the divorce as long as possible.  I would much rather get on with my life  than make my stbx pay for what she did.  Living well and happy will be more than revenge enough.  That's just my take.
by BlueB   2982 Posts
Posted on 2/25/2009 6:28 AM
4





California is a no fault state also.  No one cared that my ex cheated, no one cared that he moved his furniture out of the house even though he complained about not having a bed to sleep in, and no one cared that his gf moved into my house once I moved out (our divorce and her divorce was not final at that point.).   

It probably would make cheaters hide it better. 
by purebredinip   1194 Posts
Posted on 2/25/2009 5:58 AM
0





We also have a 6 mo. waiting period in Kansas.....My thought was just that if they cheated, you could nail them harder.......Maybe I am still very biiter...
by __STRIKER__   1399 Posts
Posted on 2/25/2009 5:55 AM
0





Will it make them cheat less or just make them better at hiding it? I used to wish it was harder to get a divorce. In my state, there is a 6 month waiting period when you have kids, but now, I am ready for it to be done. Initially, I was upset to find out I was in a no-fault state, but now, the less hassle, the better as far as I am concerned.
by militaryp   2950 Posts
Posted on 2/25/2009 4:16 AM
0





Too bad Kansas isn't doing that.........
by __STRIKER__   1399 Posts
Posted on 2/25/2009 12:04 AM
0







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