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Adultery or sexual relations with someone to whom you are not married was one of the most common causes of divorce. It usually involved a husband betraying his wife although adultery was committed by the wife on some occasions. Ever since marriage has been seen as the foundation of the family, society has frowned upon adultery and considered it an attack on the offended spouse and any children involved.
Courts have reacted strongly to a cheating spouse and often imposed financial penalties in granting a divorce to the offended party. The other person involved in the adultery, known as the co-respondent, was often named and shamed in court and then treated badly by society as a result. The adultery often broke up a family and this was seen as a serious moral failure.
Using adultery as grounds for a divorce is not nearly as common today as it once was. In fact with a no-fault divorce the grounds are usually listed as ‘irreconcilable differences’. But some states still list adultery as a possible reason for the granting of a divorce and it can even be a punishable offense for a member of the military who may be deemed to have brought the service into disrepute.
But most people including lawyers steer away from adultery as a ground for divorce these days. It can be costly to prove. If the other spouse chooses to challenge the claim, the court case could take some time and that will mean money. And while some judges may look badly upon adultery, it does not carry the same social stigma it once did.
While celebrity divorces gain wide publicity, many ‘ordinary’ people prefer to keep any washing of dirty linen in-house and that is another reason why claims of adultery are far fewer today than before.
Grounds for divorce in fault divorce can call into question the truth. A court may be asked which spouse to believe if either or both alleges behavior as grounds for the divorce. Connivance, condonation and collusion have long been used to prove a case or to fight an allegation and today, couples see the possible expense of such issues and tend to shy away. No-fault divorce removes the blame and shame game, speeds up the divorce process and is certainly more cost-effective.
Money talks and only those with great wealth are in a position to fight a divorce with high-powered legal advice. For most people seeking a divorce, the no-fault divorce has many attractions.
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