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Minnesota Divorce and Adultery

August 18, 2015

How does Cheating Affect DivorceAdultery within a marriage can be an enormous emotional issue but cheating on a spouse has relativity little impact on Minnesota Divorce Litigation. As a No-Fault Divorce State, Minnesota does not require that either party prove wrongdoing as a basis for granting dissolution of marriage. This modern approach to divorce is meant to reduce the hostility and emotional wounds of divorce and help with healing. With this said, an affair can play a role in issues regarding Child Custody, Property Settlement and Parenting Time. The Divorce Mediation Process at Johnson Mediation can provide clarity with adultery related issues in the divorce.

MN No Fault Divorce State

A spouse who has learned of a partner’s affair may feel that this gives them leverage in the divorce proceedings. A spouse who has been having an affair may be frightened of the impact that adultery will have during divorce litigation. Both individuals in this case are not correct in their assumptions.

Adultery is not a legal basis for Minnesota Divorce just as Abuse, Drunkenness, Abandonment or Immoral Behavior do not provide legal basis for divorce. This is due to Minnesota being a No-Fault Divorce State. Individuals seeking a divorce need only to believe that the marriage cannot be saved.

When Adultery Plays a Role in MN Divorce Cases

An Affair may impact certain areas of MN Divorce Proceedings. Adultery may become relevant when dealing with children or financial issues in some cases. Issues that may be affected by adultery within the marriage include the following:

  • Child Custody in cases where an affair has impacted the children by limiting parenting time or exposing the child to the infidelities.
  • Parenting Time Determination in cases where the other party in the affair is a considerable bad influence on the child. Issues such as a criminal background, chemical dependency or mental illness may be relevant.
  • Child Support or Spousal Support negotiations if the spouse having an affair wants to speed up the divorce process or protect privacy. These concerns can be addressed during Divorce Mediation Services.
  • Property Settlement issues involving large amounts of debt or spending related to pursuing or continuing the affair.

Finding Clarity with Divorce Mediation Services

Divorce Mediation Services at Johnson Mediation can provide clarity and resolution when dealing with Adultery in the marriage. We can help to sort out the emotional impact from the legal impact of a spouse’s affair. As a No-Fault Divorce State, Minnesota does not require or consider fault as a legal basis for dissolution of marriage. Infidelity may play a role in areas involving Child Custody and Property Settlement. We can provide a less costly and more timely resolution to such issues.

Call Johnson Mediation for Divorce Mediation Services for resolving issues with Adultery in the Marriage, at (952) 401-7599.

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