There are many different approaches to divorce for spouses in West Virginia. Most people try to keep things amicable whenever possible. They pursue uncontested divorces through mutual cooperation. They may choose no-fault divorce proceedings to keep things simple.
Other people file for divorce because of difficult family circumstances. Someone who has just discovered that their spouse cheated may decide they want to divorce. In fact, they may want to pursue a fault-based divorce.
West Virginia allows spouses to file for divorce on the grounds of adultery. Is pursuing an infidelity-based divorce worth the effort?
What a fault-based divorce requires
For one spouse to file for divorce on the basis of adultery, they need to have clear and convincing evidence of an extramarital affair. Financial records, information gathered by private investigators and even screenshots of text messages can help establish that one spouse did not remain faithful to the other.
Of course, the spouse accused of infidelity has the option of defending against those allegations. Fault-based divorce proceedings can easily become quite contentious. The more time that spouses spend in court, the more they have to pay for the divorce. In many cases, spouses may determine that alleging adultery in court is not worth the effort and expense involved.
What are the potential benefits?
Should one spouse successfully convince the courts to grant them an adultery-based divorce, they receive personal vindication. Individuals traumatized by the discovery of infidelity often desire a sense of justice and closure.
Having the courts affirm that the end of the marriage was the other spouse’s fault can provide exactly that. In some cases, based divorces make it easier for people to pursue religious proceedings related to the end of their marriage and to remain in good standing with their faith communities.
However, proving that a spouse was at fault often has a limited impact on the overall outcome of the divorce process. Typically, the courts don’t consider adultery and other marital misconduct when dividing property or addressing parental rights and responsibilities.
There are exceptions for cases involving the wasteful use of marital assets while conducting an affair, but clear financial evidence is necessary. One determination that may shift because of adultery is spousal support.
Discussing the reasoning behind a divorce filing can help people explore whether a fault-based divorce is the best option. For many people, pursuing a no-fault divorce is faster and simpler. Spouses who understand their options can often make a better informed decision about how to proceed when they believe divorce is necessary due to infidelity.