How Does Spousal Infidelity Affect The Divorce Process?

July 6, 2020

Connecticut is known as a “no-fault” state, meaning either party can seek a divorce by merely stating that the marriage has “broken down irretrievably”, without having to prove either party was at fault. While a judge can consider facts surrounding the breakdown of the marriage in deciding how assets should be divided, whether there should be alimony, etc., typically the underlying respective fault of the parties is not given significant weight.

The same applies where the underlying cause of the breakdown is spousal infidelity. In such a case, if the parties are unable to settle their divorce in advance of the trial, a judge will hear evidence regarding claims of spousal infidelity, and depending on the nature of the case, the parties’ respective assets, and the egregiousness of the conduct, a judge may adjust aspects of the divorce judgment to account for considerations of fairness.

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