Connecticut offers no-fault divorces for those couples who choose to end their marriages. That means that regardless of why you decide to file for divorce, you don’t have any obligation to inform the family courts about the reason for your decision.

Is there any reason why someone whose spouse was cheating on them might decide to inform the courts of that infidelity during a Connecticut divorce?

The courts may consider infidelity during important decisions

Obviously, if you have a prenuptial agreement with your spouse that includes penalties for adultery, invoking that clause during your divorce might cause a financial consequence for your spouse what will provide you with some modicum of compensation for your spouse’s unfaithfulness.

However, you don’t need to have a prenup for adultery to affect your divorce proceedings. Unlike many other states that use equitable distribution for marital assets, Connecticut does not specifically prohibit judges from considering marital misconduct when splitting up property or determining the amount of spousal support someone should pay or receive.

Should adultery be part of your divorce strategy?

A contested divorce is often more expensive and time consuming than an uncontested one, and your spouse is likely to push back against official statements regarding infidelity.

You need to carefully consider your position and your goals when you file for divorce. Is it worth it to drastically increase the amount of time and money it takes to divorce in order to have the courts affirm the adultery and possibly adjust what you take from the marriage as a result?

Discussing your assets and what evidence you might have with a family law attorney can give you an idea about whether pursuing your spouse’s affair in court will benefit you or just cost you more money and time.