Divorce can be an incredibly challenging and emotionally draining experience for anyone involved. However, when adultery is a factor, it can make the situation even more difficult to navigate. Discovering that a spouse has been unfaithful can cause immense pain and hurt, and it can also have a significant impact on the final outcome of a divorce proceeding. In this article, we will explore the intricate ways in which adultery affects a divorce case in the state of Nebraska, delving into the nuances of Nebraska’s divorce laws and how they interact with the concept of adultery.
The Landscape of Nebraska Divorce Laws
Before delving into the effects of adultery on a divorce in Nebraska, it is essential to have a solid understanding of the state’s divorce laws. Nebraska follows a "no-fault" divorce model, meaning that a divorce can be granted without either party having to prove fault or establish blame for the dissolution of the marriage. Instead, one of the spouses simply needs to demonstrate that the marriage is irretrievably broken, and that alone allows for the granting of the divorce.
The Influence of Adultery on a Nebraska Divorce
Although Nebraska is a no-fault divorce state, it is crucial to recognize that adultery can still have notable implications for the outcomes of divorce proceedings. Nebraska categorizes adultery as a form of "marital misconduct," which means that it can indeed impact how property is divided and how spousal support is awarded in a divorce case.
Property Division Matters
In Nebraska, divorce courts follow the principle of "equitable division" when addressing the division of marital assets. Essentially, this means that the court focuses on dividing assets in a manner that is fair and just for both parties involved. Typically, assets are divided equally between spouses.
However, when adultery comes into play, the court may take this into consideration when allocating assets. If it is determined that the affair directly influenced the financial situation of the marriage, the court may lean towards awarding the non-cheating spouse a more substantial portion of the marital assets. This approach endeavors to address the imbalance caused by the adultery and provide necessary financial compensation to the innocent party.
The Impact on Spousal Support
Spousal support, often referred to as alimony, is a payment made by one spouse to support the other after the divorce is finalized. When deciding on the award and amount of spousal support, Nebraska courts consider various factors such as the duration of the marriage, the income and earning potential of each spouse, and the standard of living during the marriage.
If the court determines that the adultery had a significant impact on the financial state of the marriage, it may incorporate this element into the calculation of spousal support. For example, if the unfaithful spouse spent a substantial amount of money on the affair, the court may decide that this spouse is responsible for contributing more to the spousal support payments.
In Conclusion
Adultery undeniably carries weight in a divorce case in Nebraska, even within the framework of a no-fault divorce state. If one spouse has engaged in adultery, it can impact how assets are divided and the award of spousal support. If you find yourself going through a divorce in Nebraska where adultery is involved, seeking guidance from an experienced divorce lawyer is imperative to fully comprehend the potential effects this can have on your specific case. By obtaining professional legal assistance, you can navigate the intricacies of adultery’s influence on your divorce proceedings and strive for a favorable outcome that aligns with the laws and principles of Nebraska.