Among the main causes of divorce which includes domestic violence, addiction, workaholism, and midlife crisis, infidelity tops the list. This could indicate that affected spouses are less forgiving of acts that violate the aspect of trust in marriage. The violation of such trust is seen at its worst in the context of infidelity as compared to other forms.
Proof of infidelity is no longer required in no-fault states for purposes of obtaining a divorce or terminating a marriage. Infidelity however, is an important issue with spouses who have entered a prenuptial agreement before marriage. A fidelity clause is usually found in this kind of agreement which "penalizes" a cheating spouse in terms of severely limiting the extent of property, asset or income which can be obliged to be given him/her by the innocent spouse. Maintenance amounts required by law to be awarded to cheating spouses can also be affected by proven infidelity because of the principle that cheaters should not be rewarded for their deeds.
Child custody ordinarily does not enter the picture of divorce proceedings on the ground of adultery or acts of infidelity. This automatically changes when the welfare of the child or children is at stake. It is inevitable that the conduct of the parents during the marriage is looked into to properly determine which parent should be given primary custody. Being an unfaithful spouse does not necessarily equate to being a bad parent but a relationship may cause the parent in question to be neglectful of parental responsibilities. The amount and type of parenting time awarded to a cheating spouse may also be affected depending on the court's appreciation of the possible impact of extramarital affairs on a child.
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