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The Impact of Adultery on Divorce Proceedings
Like most states, Nebraska is a “no fault” state when it comes to divorce. This means adultery, cruelty, substance abuse, etc. are not required in order to end a marriage. It also means that bad behavior by either spouse does not have any effect on determinations of dividing the marital estate or custody or parenting time of the children, with certain very limited exceptions
Division of Property
While Nebraska follows the principle of equitable distribution when dividing marital property, the court may consider factors such as the misspending of assets. If one spouse can demonstrate that the other spouse wasted marital assets on an extramarital affair, it could be a factor in the property division process. It is essential to note that the burden of proof lies with the spouse claiming adultery. Providing concrete evidence, such as financial records or documentation of significant expenditures related to the extramarital affair, is crucial to substantiate the argument and influence the court’s decision. Ultimately, the courts have considerable discretion in determining an equitable distribution. While adultery itself may not be a determining factor, the financial consequences of extramarital relationships can be weighed by the court when deciding how to divide property fairly.
Alimony
Adultery and other fault is not a factor in determining alimony or spousal support. The factors for alimony in Nebraska include the length of the marriage, history of contributions to the marriage, ability of the requesting spouse to work while caring for children, and relative financial situations of the parties. Alimony/spousal support is not used to a punish a spouse for bad behavior, including adultery or even cruelty.
Child Custody
Nebraska considers the “best interests of the child” when making custody decisions. This means the court considers factors promoting the child’s physical, emotional, and developmental well-being. Adultery is generally not a consideration unless a parent has exposed a child or children to someone who is clearly a negative influence (i.e., the new partner or paramour is a registered sex offender or violent felon).
Let GordenLaw, LLC Guide You Through the Legal Intricacies of Divorce
No-fault divorce in Nebraska stresses the state’s commitment to a clean and efficient divorce process to allow parties to move forward, regardless of the reason their marriage partnership is ending.
It’s important to remember that each case is unique, and the overall impact of adultery on your divorce proceedings will depend on the specific circumstances of the case. Our experienced team works to achieve favorable settlements for our clients regardless of the reasons for divorce. Whether it’s property division, alimony, or child custody, we strive to secure resolutions that align with your priorities. Contact us today at GordenLaw, LLC at (402)817-1450 to schedule your strategy session.
