Adultery Divorce Is Considered At-Fault Divorce
In most states adultery is considered as a crime against the marriage and is considered legal ground for divorce during fault divorce proceedings. The legal definition of adultery can vary from state to state, but generally implies that one or both parties of a sexual encounter were married to another person at the time of the encounter. When a person claims adultery, divorce proceedings are citing fault with one of the persons involved in the divorce.
In addition to going through an adultery divorce, the offending party may be charged with a crime in some states and the party with whom they committed adultery may also be charged with adultery, also known as alienation of affection. While there are many different reasons for default divorce recognized by many states, the proceeding for an adultery divorce are open to public inspection as are other court proceedings. In addition to the divorce and the potential legal ramifications, the person committing adultery is also available for public scrutiny.
While all divorce proceedings are conducted in a county's family court, the rules of evidence still apply. In an at fault divorce complaint, even in an adultery divorce complaint, the person making the allegations has an obligation to provide proof that adultery took place, if the accused party disputes the claim. In family court however, it is the judge who will make the decision that adultery took placed based on the evidence, and not a jury as in common pleas court proceedings.
Fault Divorces Not Available For Quick Dispensation
In many cases for divorce where no fault is being placed on either party, they can be handled in as few as one appearance in court. Although the filing of all forms accurately must still be done. In fault cases, such as a petition for adultery divorce, the process can drag out as the accused offender is working to insure their remaining financial interests in any property is protected based on the facts and not the emotions of the one filing for the adultery divorce. Too many times emotions overlook the needs of both parties, especially the offending partner.
In some cases, the person the complaint may choose not to seek an adultery divorce in court, choosing instead to opt for an uncontested divorce based on a claim of incompatibility, simply to put a quick end to the marriage. Especially those with children may choose a quick end to spare any children mental anguish often associated with a long, drawn-out adultery divorce proceeding.