Mississippi has a fault-based divorce system. This means if you can establish that your spouse is responsible for your marriage’s breakdown, then you might be in a stronger position to secure the outcome you want on key divorce legal issues, such as property division, spousal support and child custody. This is especially true if you can prove by clear and convincing evidence that your spouse engaged in infidelity during your marriage.
How can cheating impact the outcome of your divorce?
If you can establish that your spouse cheated on you during divorce, then you might be able to secure favorable judgement on several key legal issues. Here’s how demonstrating adultery could impact your case:
- Child custody: Proven infidelity could be a sign of poor moral character, and it could threaten to disrupt the stability and consistency that your child needs. This might cause a judge to lean in your favor if you seek sole physical custody.
- Property division: Although Mississippi recognizes equitable division of marital property, the court may deem it fair to give you a larger portion of the assets at hand. This is especially true if you can show that your spouse spent marital assets on the affair or that the adultery took a significant emotional toll on you.
- Spousal support: Adultery can affect an alimony request, too. If the cheating spouse is the one seeking alimony, then the court may find that their bad acts preclude them from seeking that support. If you’re the faithful spouse seeking support from your cheating spouse, then the court may order a larger support amount to ensure that you’re properly compensated for what you had to go through.
Use your spouse’s bad acts to your advantage in divorce
The fault-based system in Mississippi can give you an advantage heading into divorce. Just make sure you have compelling evidence on your side and can clearly articulate your legal arguments. Only then can you rest assured that you’ve done everything possible to protect your future.