Does Cheating Matter? How Infidelity Affects Divorce And Custody In Nebraska
Posted By: William Finocchiaro
In this article, you will discover:
- Whether adultery or cheating is a legal ground for divorce in Nebraska.
- Whether your ex’s adultery affects the court’s custody decisions.
- Whether infidelity should be an issue in mediation or court.
Can Adultery Or Cheating Be Used As Legal Grounds For Divorce In Nebraska?
Nebraska is a no-fault divorce state, meaning you only need to show that the marriage is irretrievably broken to proceed with the divorce. No further specifics need to be included in the complaint regarding the legal grounds for filing.
While adultery or cheating may naturally be a large part of why the marriage is irretrievably broken, you do not need a specific or definitive reason to proceed with the divorce action.
How Does Infidelity Impact Property Division And Spousal Support?
Generally, infidelity should not affect property division, and marital assets and debts are to be equitably divided between the parties.
While the court has discretion in dividing the marital assets and debts, infidelity would not typically be relevant to the equitable division. With that said, there are exceptions to this general rule that may make the infidelity relevant to the court in property division and spousal support.
For example, an extramarital affair leading to significant debt incurred for a non-marital purpose is very much pertinent. It may impact the property settlement division and potentially spousal support as well.
Discussing these issues with your attorney at the outset of the case allows them to effectively weigh all circumstances and determine how best to proceed on these issues.
Does A Parent’s Affair Affect Custody Decisions In Nebraska Family Court?
While Nebraska is a no-fault state, custody decisions are always made in accordance with your minor child’s best interests. The best interest standard is broad and encompasses a wide range of considerations and circumstances.
There are a number of best interest factors laid out in the Nebraska statute, and the court can consider matters such as:
- The moral fitness of a child’s parents, including a parent’s sexual conduct
- The respective environments offered by each parent
- The emotional relationship between the child and their parents
- The effect on the child of continuing or disrupting an existing relationship
- The attitude and stability of each parent’s character
While the specific reasons for the marriage being irretrievably broken may not have significant legal relevance as it relates to apportioning blame between you and your spouse, either parent’s actions can be considered by the court when determining custody and parenting time pursuant to your child’s best interests.
If an affair or extramarital relationship has an impact on your child’s best interests, it may very well be considered when deciding issues relating to custody and parenting time. That said, being a good spouse and being a good parent can be very separate issues. For that reason, each situation would need to be decided on a case-by-case basis.
Should Infidelity Be Addressed In Divorce Mediation Or Only In Court?
Mediation is intended to facilitate a mutual agreement through an objective third-party mediator. In Nebraska divorce cases, mediation typically focuses on issues related to custody, parenting time and other co-parenting matters. While infidelity may be a significant contributor to marital difficulties, it may or may not be relevant to the issues of custody and parenting time.
At mediation, you and your ex should try to focus on reaching an agreement, as opposed to infidelity or marital difficulties. While reaching an agreement may not be possible, depending on the issues and circumstances of the case, focusing on marital difficulties often only leads to increased animosity and distracts the parties from the true goal of mediation: making a good-faith attempt to reach an agreement on custody and parenting time.
If no agreement is reached at mediation, and the matter needs to be brought to the court, issues of infidelity may be relevant to the case and the children’s best interests. For example, you may have a spouse who is engaging in an extramarital relationship that began prior to the divorce and continues throughout the case.
These situations are often difficult for minor children to handle and/or understand. In that instance, it may very well be argued that your spouse’s extramarital relationship is and/or will continue to be detrimental to the children’s best interests.
Conversely, suppose your spouse is a good parent, but you’re reasonably feeling animosity about the role their infidelity played in the divorce. In that case, you must speak to your attorney to determine the ultimate relevance any infidelity may have on the specific issues in your case and decide the best way to handle those issues in the future.
How Can An Attorney Help Me Address Infidelity Without Derailing My Case?
An attorney can provide guidance on the considerations the court will analyze when making a custody determination. The actions of your spouse may or may not be relevant to those issues.
Every case is different. Our courts determine issues involving minor children, including custody and parenting time, in the children’s best interests.
Navigating whether or not marital difficulties relate to a custody argument should be discussed with your attorney. They can assist you in making the most effective argument to accomplish the end goals of your case.
Infidelity is understandably an emotionally charged issue that can have a profound impact on your life. Many people are blinded and angry during the divorce process because of what their spouse has done.
Viewed from a legal perspective, infidelity is not always relevant, or not as relevant as some parties would like. An attorney can help you navigate the emotional and objective issues, so you can present evidence that best accomplishes your goals.
Still Have Questions? Ready To Get Started?
For more information on how infidelity affects divorce in Nebraska, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 345-7600 today.
