Every person who chooses to file for divorce has their own reason, and often there are numerous factors that contribute to an individual’s ultimate decision to divorce. For many spouses in Connecticut, the discovery of an extramarital affair is the final straw that forces them to reevaluate their commitment to their marital relationship.
Adultery often leads to significant self-esteem and mental health challenges for the spouse who discovers the affair, and it may take them quite some time to rebuild their lives afterward. They may want justice for the harm done to them and any children they share with their spouses. Will the Connecticut courts potentially give them economic justice if they file for divorce because of an extramarital affair conducted by their spouse?
Connecticut family law judges can consider fault
In most states that offer no-fault divorces, the rules that forbid the consideration of fault don’t just apply to the right of someone to file for divorce but are also reiterated in the property division statute. Most states specifically prohibit judges from considering marital misconduct and personal fault when dividing property in a divorce.
Thankfully, Connecticut deviates from that practice in a move that offers a better chance at justice for those whose spouses cheat during the marriage. Fault can influence how a judge divides property, along with other considerations such as the length of the marriage and the economic circumstances of each spouse.
Especially if the spouse who cheated used marital resources to conduct their affair, their actions may have a profound impact on how the courts ultimately divide the marital estate. However, there will typically need to be evidence of dissipation and proof of the adultery if someone hopes to convince the courts to adjust the approach to property division to reflect marital misconduct.
Learning about the rules that apply during the property division process in a Connecticut divorce may help people push for the most appropriate and fair outcome consistent with their unique circumstances.