Adultery is a painful topic that stirs up a mix of emotions for anyone who has faced it. If you’ve experienced infidelity, you know how deeply it can affect trust, relationships, and even your day-to-day life. While we can’t erase the pain, we at Reade Law Firm, PC, can guide you through the legal side of getting a divorce in Massachusetts, offering both understanding and practical support. We are here to help you protect your rights, your family, and your well-being.
Let’s take a closer look at how Massachusetts approaches adultery, including its impact on divorce and family dynamics.
The Changing Legal Status of Adultery in Massachusetts
Adultery is no longer a criminal offense in Massachusetts, a shift that took place in 2018. Before that change, adultery was technically punishable by up to three years in prison or a fine of up to $500. However, prosecutions were practically nonexistent, even when it was still technically considered a crime.
Although adultery is no longer part of the criminal code, it still holds weight in divorce cases. If you’re wondering what counts as adultery, it generally refers to one spouse having a sexual relationship with someone outside the marriage while still legally married. This distinction is important when discussing fault-based divorces.
Divorce Grounds in Massachusetts: Fault vs. No-Fault
In Massachusetts, divorces are categorized as fault-based or no-fault. Fault-based divorces point to a specific reason—like adultery—that caused the marriage to break down. Adultery is legally considered one of these fault grounds.
That said, many couples opt for no-fault divorces even when infidelity has occurred, citing an “irretrievable breakdown” of the marriage instead. No-fault divorces tend to be less contentious and allow both parties to maintain privacy. However, there are cases where proving adultery can be to your advantage.
Proving Adultery in Massachusetts Divorce Cases
If you’re considering citing adultery as the reason for your divorce, it’s important to know that the burden of proof lies with the accusing spouse. This means you’ll need solid evidence to support your claim.
Here are some common types of evidence used:
- Witness testimony: Statements from people who can verify the affair occurred.
- Circumstantial evidence: Emails, text messages, or other forms of communication suggesting a relationship.
- Admissions: Voluntary confessions from the accused spouse.
Gathering evidence ethically and legally is also critical. Overstepping legal boundaries could harm your case or lead to legal consequences. An experienced divorce attorney can help guide this process, ensuring discretion and professionalism throughout.
How Adultery Can Influence Divorce Outcomes
Adultery can impact several aspects of a divorce case, but it’s not always straightforward. Here’s a breakdown of how it might affect some key areas:
Alimony
While adultery alone isn’t typically enough to cause a judge to deny or grant alimony, it might become relevant if marital funds were spent to support the affair. For example, if your spouse used joint assets for gifts, vacations, or other expenses tied to their extra-marital relationship, this could influence the court’s decision.
Property Division
Massachusetts follows an equitable distribution model, which means marital property is divided fairly—but not necessarily equally. Misusing marital funds for an affair could result in a larger share of assets going to the wronged spouse.
Child Custody
Adultery rarely affects custody decisions unless it directly impacts the child’s well-being. For instance, if the affair created an unsafe environment for the child, it might become a factor. However, courts prioritize what’s in the best interest of the child above all else.
Child Support
Unlike custody, child support calculations are based on financial considerations, not marital misconduct. Adultery usually has no bearing here.
Why Legal Guidance Matters
When adultery is part of a divorce case, having skilled legal representation can make all the difference. At Reade Law Firm, PC, we work closely with clients to help them understand their options, whether pursuing a fault-based or no-fault divorce. We’re committed to safeguarding your rights, gathering evidence ethically, and presenting a strong case on your behalf.
Divorce cases involving adultery can be particularly emotional, but you don’t have to face them alone. Our goal is to make sure you feel supported every step of the way and receive the best possible outcome.
Contact Reade Law Firm, PC
If you are looking at getting a divorce in Massachusetts because of adultery, let us help you move forward with confidence. At Reade Law Firm, PC, we’re dedicated to providing compassionate, effective legal representation tailored to your needs.
We offer confidential consultations to discuss your situation and explore the best path forward. Call us today at (978) 767-8383 or visit our Contact Us page to schedule your consultation. Together, we’ll work toward achieving a resolution that supports your long-term goals and well-being.
Your family’s future is worth fighting for, and we’re here to help every step of the way.