de Beer & Associates, P.A.

free initial consultations | email Us

local: (651) 714-2378

Understanding blame and the no-fault divorce

Whenever infidelity is at the center of a divorce, people want to know if it will affect the outcome of the case. This is particularly true in cases involving a high asset divorce. The answer to the question, however, is complicated. The first question is whether the state's divorce laws are no-fault or fault-based. Today, most states are like Minnesota and are no-fault states. The following is a brief discussion of no-fault divorce laws in Minnesota

No-fault divorce refers to divorce in which neither party has to prove fault to dissolve the marriage. In no-fault states the party filing for divorce simply has to state one of the reasons for divorce recognized by the state. In most states, the common terms are "irreconcilable differences" or "irreparable breakdown of the marriage." Whatever a person chooses, in a no-fault divorce, neither party can object to a petition for a divorce.

Because family courts in no-fault states are not looking for blame, whether one spouse cheated on the other is typically irrelevant. However, while such indiscretions may not have an effect on the court, they do tend to affect how the parties negotiate settlements. Another situation where infidelity may become an issue in the divorce process is if economic repercussions for infidelity were agreed upon in a prenuptial agreement.

There are other more complicated matters where the court may take consider infidelity. One example is when a person spends the couple's money on their significant other. In general, however, in no-fault states infidelity is really not a matter of concern. Of course, it can have significant emotional and personal consequences. But from a property perspective it should not effect asset division, child support calculation or how the court sets alimony payments.

Source: Reuters, "Does cheating cost you in a divorce?" Geoff Williams, Dec. 18, 2012

No Comments

Leave a comment
Comment Information