Adultery In A Birmingham Divorce

Toll Free: (866) 831-5292
Local: (205) 981-2450

Statistics report that nearly fifty percent of all marriages are influenced in some way by adultery. Unfortunately, many marriages that are subject to adultery ultimately result in divorce. Individuals in Birmingham and the surrounding area who are going through a divorce with a marriage that involved adultery frequently benefit from retaining the services of a skilled Birmingham divorce attorney. It also helps for individuals to appreciate the variety of ways that divorce can affect an Alabama divorce.

Adultery As Grounds For A Divorce

While adultery can influence a divorce in Alabama in several ways, one of the most significant roles that adultery plays in divorce is as a potential ground upon which divorce can be claimed. In the state of Alabama, adultery is committed when an individual engages in sexual intercouse with another who is not the individual's spouse.

Demonstrating to a court of law in Alabama that adultery has occurred, however, can prove to be a substantial obstacle. Alabama law requires in most situations that evidence be provided of an agreement between the spouse and the spouse's extra-marital partner to continue committing adultery. Individuals often have a difficult time gathering direct evidence that an affair has occurred.

The Effect That Adultery Has on Alimony In Alabama

In the state of Alabama, infidelity by a spouse is not a bar to alimony for the offending spouse. In some situations when adultery was a substantial factor in the dissolution of the marriage, however, a judge may withhold an alimony order from a spouse.

The Use Of Marital Assets

If a spouse has used marital assets in any way to provide or support an extra-marital relationship then a court of law will take this activity into consideration when determining how to best distribute marital assets. One of the most common examples of how marital assets are used to support an affair is when a spouse uses funds drawn from a married couple's banking or checking account to either take the extra-marital partner on a vacation or buy the partner an expensive item.

Adultery Can Influence Custody Determinations

Adultery can have a profound impact on custody determinations in the event that a spouse has exposed the children in question to the extra-marital relationship. A court in Alabama will decide custody issues based upon what is in the best interest of a child. As such, a spouse's infidelity will have to have such a substantial impact on the child that this exposure suggests the parent is unfit to have custody over the child.

The Ways That An Experienced Divorce Attorney Can Help


If adultery is an aspect in your divorce case, realize the substantial effect that this element can potentially have in influencing the case's outcome. By contacting a skilled Birmingham divorce attorney at Eversole LLC, individuals can be confident knowing that their case will resolve in the best possible manner.

We serve the following localities:

Birmingham, Jefferson County including Bessemer, Homewood, Hoover, Irondale, Leeds, Mountain Brook, Trussville, and Vestavia Hills, Shelby County (including Pelham, Alabaster, Chelsea, Calera), Tuscaloosa, Auburn, Huntsville, Calhoun County including Anniston, Etowah County including Boaz and Gadsden, Cullman County including Arab and Cullman, Madison County including Huntsville and Madison, Montgomery County including Montgomery, and all of Alabama.

Menu