My spouse cheated on me. Can I file for divorce?
There are conditions for filing a divorce case on grounds of adultery. Such a case must be filed within 6 months of learning of the adultery, or within 5 years of the adultery taking place. In addition, if you have forgiven the other party, you cannot file for divorce on grounds of adultery. This forgiveness may be verbal, or it may be shown through your behavior. Going on a honeymoon-like vacation together right after learning that you were cheated on, or statements and behavior such as "men will be men, he always comes back to me," will also be regarded as forgiveness.
The adultery must also be proven.
Since adultery requires sexual intercourse, this must be supported by evidence before the court. The evidence may be digital records, and under certain conditions the court may also consider evidence such as witness statements and hotel records. Since every situation is unique, the question of proof must be assessed case by case. In one case, references to sexual relations in messages alone may not be deemed sufficient to establish adultery, while in another case they may be accepted. Which digital records are submitted to the court, and how the evidence was obtained, are also particularly important.
Proving adultery matters for the following reason. If your divorce is granted on grounds of adultery, you may gain an advantage in the case for liquidation of the matrimonial property regime. You can call our office for an assessment of your own circumstances and for fast solutions tailored to you.
I cheated on my spouse. Can I file for divorce?
One of the questions we commonly receive is whether a spouse who has cheated can file for divorce. For a divorce case to be granted, the spouse who files must be equally at fault or less at fault than the other party. If your spouse also cheated on you, or has engaged in other faulty conduct that would justify divorce, you can file the case. For example, if your spouse insults you or is violent toward you, the case you file may be granted. You can call our office for detailed information on the subject.
Another thing we often hear is "let the other party file, I will not." Who files the divorce case is not as important as people commonly think. It matters only if you do not want to divorce your spouse. If you want a divorce and your fault is lesser or you are not at fault at all, you can file for divorce immediately without waiting for the other party to do so.
What are the conditions for a divorce to be granted on grounds of adultery?
In general, obtaining a divorce on grounds of adultery and proving adultery is not easy. When faced with such a claim, courts generally grant the divorce on the grounds that the marriage has broken down irretrievably. In other words, if the evidence you submit to the court does not fully prove adultery but the marriage has broken down irretrievably, the court may make its assessment on that basis and grant the divorce. For this, however, your petition must state that you are seeking divorce on grounds of adultery and, if that request is not granted, divorce on the grounds that the marriage has broken down irretrievably.
For a divorce to be granted on grounds of adultery, sexual intercourse must be proven. Conduct such as merely exchanging messages, talking on the phone or getting into someone's car cannot be proof of adultery. In that case, if the plaintiff has stated this in the petition, the divorce may be granted not on grounds of adultery but on the grounds that the marriage has broken down irretrievably. This is because such conduct also undermines the foundation of the marriage.
I cheated on my spouse. Can I see my child?
Cheating alone does not prevent a parent from seeing the spouses' child. You absolutely cannot be prohibited from seeing your child simply because you cheated. This is the issue that worries parents the most, and the other party constantly uses it as a tool for revenge. Children should never be used as a tool or a means of revenge. Courts must also give weight to this issue and consider the best interests of the child.
I cheated on my spouse. Can I get custody of our child?
When custody is assessed, the best interests of the child are taken into account. In its assessment, the court will not focus solely on the fact that the parent cheated on their spouse. In such situations, parents often give up on their children and do not seek custody, fearing that because they cheated, they will never be able to see their child or communicate with them in any way. Or they accept all of the other party's demands on this matter. Having cheated, on its own, does not prevent a parent from obtaining custody.
In situations such as multiple sexual relationships or engaging in sexual activity as a profession, the case will again be assessed on its own facts and an unfavorable custody decision may result. However, since every case is unique, the specific case will be assessed. The interests of the child are assessed separately in each case. From my experience, however, I can say this: not requesting custody at the divorce stage is viewed unfavorably by the court in lawsuits filed later.
I cheated on my spouse. I am the mother and my child is young. Can I get custody?
Courts take into account that custody of young children is generally given to the mother. Given the child's age, the child's attachment to and need for the mother are among the important criteria considered in custody decisions. If the mother is of sound mind, does not have a lifestyle that would seriously harm the child's moral development (this is assessed case by case, and courts do not always place a single relationship or an act of cheating in this category) and wants her child, courts grant custody to the mother. In some cases, the woman states that she does not want her child. In that case, the court should obtain an expert report and examine whether the mother is under any pressure. Women often tell the court that they do not want custody because of such pressure.
In conclusion, the belief that "I cheated on my spouse, so I cannot get custody of my child" is not correct.