No matter the situation, going through a divorce can be an emotionally taxing experience. If adultery or another form of infidelity is the reason for a marriage breakdown in Wisconsin, having a comprehensive understanding of how this legal factor will affect the outcome of your case is critical. In this blog post we will discuss what you need to know about adultery and affairs in Wisconsin divorces. Read on to find out more and get yourself ready to make informed decisions as you approach your own specific circumstances.

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Adultery in Wisconsin: What the Law Says

According to Wisconsin Statute 944.16, written in 1849, adultery is a Class I felony. This applies to extramarital affairs that involve sexual intercourse, regardless of whether it is the spouse or a third party who engages in the act. The law holds that individuals can face criminal charges and possible jail time if they are found guilty of adultery.

However, it’s important to note that this law is almost never enforced in court. This is due to several different factors—first and foremost, the fact that Wisconsin is a no-fault divorce state, which means that parties do not need to demonstrate fault-based grounds when filing for divorce. Additionally, Wisconsin does not actively regulate consensual sexual activities between adults.

Wisconsin is a No-Fault Divorce State

Wisconsin is a no-fault divorce state, meaning that in order to file for divorce, parties do not need to demonstrate fault-based grounds. This has led to more couples being able to successfully dissolve their marriages through peaceful and amicable means. Instead of proving that one party is at fault for the marriage ending, couples only have to prove legal residency in Wisconsin and that their marriage was legally valid. In addition, the no-fault divorce policy has been seen as beneficial because it reduces animosity between spouses during divorce proceedings, which may reduce the trauma caused by the separation process and help both parties move forward with their lives more quickly.

However, just because you do not need to prove fault in order to get a divorce, having an affair or committing adultery during a marriage can have other implications on your divorce proceedings.

Financial Consequences of Adultery during Divorce

In Wisconsin, adultery can have financial implications during a divorce. Even though the state is a no-fault divorce state and adultery has no legal bearing in the dissolution process, it can still play a role in determining spousal maintenance (a.k.a alimony or spousal support). Under Wisconsin law, when one spouse’s misconduct—which includes but is not limited to adultery—contributes to the breakdown of the marriage, the court may decide that this spouse must pay more for spousal maintenance. Additionally, if it is proven that a spouse used marital funds to finance an extramarital affair, then he or she can be required to reimburse the other spouse for those expenses.

If the court finds that one parent’s adultery has caused a financial loss to the other, then this can be considered in determining the level of spousal support, and potentially also child support payments. Additionally, if it is clear that a spouse’s cheating has had an adverse effect on their relationship with the children—such as spending less time with them due to being away for long periods—the court may reduce their child support payments accordingly. In general, any financial consequences related to adultery during divorce will depend on the facts of each individual case and must be weighed carefully in determining a just outcome for all parties involved.

Understanding Custody Rights When Affairs Are Involved

When it comes to custody rights and adultery, the primary governing factor is what is in the best interests of the child or children. If a parent’s extramarital affair has caused any type of harm or detriment to the child, then this will be taken into consideration when decisions related to their custody are being made. For example, if one parent’s relationship with their partner has caused a negative impact on the child due to inappropriate or potentially dangerous behavior, then this could influence the court’s ruling on who should have primary physical and/or legal custody.

In addition, if a spouse’s unfaithful behavior has decreased his or her available time for parenting—such as spending long periods away from home—this can also affect their standing in terms of custody rights. Ultimately, judges must weigh all relevant factors to determine what would result in an outcome that provides for a safe and secure environment for the child and both parents.

Alternatives to Court Proceedings for Resolving Divorce Issues Related to Adultery

Alternatives such as mediation and arbitration are increasingly popular among those seeking to resolve divorce issues related to adultery. In both situations, the parties involved can reach an agreement outside of the traditional court system, eliminating lengthy proceedings and their associated stressors.

Mediation is a voluntary process that is overseen by an impartial third party, typically an attorney or other professional with experience in family law matters. The mediator works with both spouses to help them come to an agreement on any contested issues such as division of assets, child custody arrangements, spousal support payments, and so forth. All agreements reached through mediation are subject to approval by the court before they become legally binding.

Arbitration involves submitting disputes for resolution to an arbitrator who is appointed by both spouses. The arbitrator has the authority to make legal decisions and orders which must be followed by all parties involved. Unlike court proceedings, however, there is no right of appeal, which can make this approach appealing for couples seeking swift resolution of their divorce issues related to adultery.

What Lawyers Can Do to Help You Understand Your Rights & Options

An experienced divorce attorney can help you better understand your rights and options when it comes to resolving personal disputes related to adultery. A lawyer can explain the laws relevant to your case, provide guidance on filing the proper paperwork, and craft effective strategies for defending your interests in court. Working with a dedicated attorney can also help to ease the process of resolving difficult divorce issues related to adultery, allowing you to move toward a positive resolution as quickly as possible.

If you’re looking for legal assistance with an issue related to adultery and divorce in Milwaukee, call Ohiku Law. Our team of dedicated lawyers is skilled at handling complex family law cases with sensitivity and discretion. We will work diligently on your behalf to ensure that all matters are addressed properly and make sure that your rights are fully protected throughout the process. With our expertise, knowledge, and resources at your disposal, you can be confident that we’ll provide sound advice and direction to help navigate any challenges that arise.