Can adultery be a cause of divorce

Does an affair have legal implications for divorce and separation?

Of the many possible causes of divorce, an affair is the hardest one to endure. If a woman or a man has cheated, it is already painful - however, repeated affairs with the same person can be perceived as particularly bad betrayal. What other legal implications can an affair have?

The most important things in a nutshell: The divorce affair

  • A affair usually does not matter whether a marriage is divorced or not. The disruption principle is decisive for this.
  • However, there may be legal consequences depending on the individual case with follow-up matters occur.
  • The extent to which the cheating spouse must fear negative effects should always be an experienced one Divorce attorney judge.

Detailed information on the Divorce for infidelity you will find below.

Legal background: principle of disruption versus principle of guilt

Irrevocably failed: Ehe-aus in the German legal system

In Germany, the legislature is based on the principle lifelong consistency of a marriage out. Divorce is usually only possible when marriage irrevocably failed and resumption of the cohabitation is unlikely to be expected (breakdown principle). The specific reasons for divorce - whether a one-time affair or a long-term affair - do not play a role here at first.

This was different until the mid-1970s. The so-called Principle of guilt after a marriage could normally only be divorced if one had brought something to faultthat subsequently led to the breakdown of the marriage - about one affair.

The "guilty party" had however wrong further consequences to fear. As a rule, he not only lost any maintenance claims as a result of his behavior, it was usually impossible for him to do so Custody of common children to obtain. Such more or less inevitable legal implications exist currently not normally.

Divorce for Adultery: Consequences in Harsh Cases

Despite the abolition of the principle of guilt and the introduction of the principle of disruption the question of guilt can still have an impact, especially if the ex-partner is getting a divorce not consensual can or want to regulate and Consequences of Divorce give to the court. These can be questions of maintenance, custody or access rights, for example.

If the partner has cheated on and had an affair, this can definitely help him disadvantage arise, for example if the judges should be of the opinion that there is one for the betrayed spouse undue hardship would be to have to pay post-marital alimony.

When does the affair play a role?

Divorce for adultery is not uncommon: affairs can be very stressful in a relationship.

Whether and in what cases an affair of one partner leads to the assumption that it is an undue hardship for him Claims against the betrayed spouse to grant can blanket not answered become. The judgment is always one Decision on a case-by-case basis of the respective competent court.

In addition to the affair additional reasons exist, which is why an affair has legal consequences. For example, is one out of adultery child originated? There was other occurrences, e.g. B. Domestic violence, substance abuse or misappropriation of shared funds? All of this can help ensure that any claims of a partner are denied by the court.

Whether reasons for divorce such as adultery, an affair or illegitimate children legal effects on pension equalization, etc. should always be from an experienced person Divorce attorney be assessed. This supports you also during the potentially emotionally stressful divorce proceedings.
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Does an affair have legal implications for divorce and separation?
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