When your spouse engages in marital misconduct as you are going through a divorce, you will want to make this well known. Marital misconduct can lead to changes in how your property is divided and can also lead to you being awarded compensation for the attorney fees you have paid for. Therefore, it's a good idea to set up a consultation with a divorce lawyer if you have encountered marital misconduct.
Succeeding with Your Divorce
The goal of a divorce is not for one party to win and the other party to lose, unlike with many other areas of law. Instead, the goal of divorce is to make sure that assets are divided fairly. Therefore, if your partner does anything to retaliate against you or engages in marital misconduct, you will need to make sure that your rights are protected.
Understanding Marital Misconduct
Marital misconduct refers to misconduct that unduly burdens the other spouse. As a result, the offensive behavior is factored in when dividing assets. For example, if your spouse was hiding assets, is often very drunk, or engages in abusive behavior, this is considered a form of marital misconduct.
The court decides how much marital misconduct should be weighed based on how long the misconduct has occurred and how severe it is. For example, in the case of drunkenness, you will need to prove that your partner has done more than simply have a few drinks.
The shorter the marriage, the less likely that the misconduct will be factored into your divorce. Whenever gathering evidence to present to the court, it's important to consult with a divorce lawyer who will know where to look and will have access to special legal powers.
Predicting How Marital Misconduct Will Affect Your Asset Division
The act of marital misconduct might need to affect your finances to be considered relevant. For example, concealing assets or abnormal spending is an example of marital misconduct that could lead to the court being forced to find a monetary remedy so that your divorce is fair.
To prove that the actions are abnormal and will require a remedy, you will need help from a divorce lawyer to gather evidence of misconduct. The court cannot increase the size of the marital estate, so there may be no remedy if many of the assets have been destroyed, but if you act quickly, you may be able to minimize the damage that your spouse can do.