Are there long extramarital affairs?
Cheating as a reason for divorce: These consequences have partner infidelity
One of the greatest breaches of trust in a marriage is adultery. It is up to the betrayed spouse how he deals with whether he forgives the partner or not. What is certain, however, is that cheating as a reason for divorce often plays a role in separation proceedings. This article is about the extent to which fraud is decisive for the divorce settlement, the consequences it has for the unfaithful partner and how the infidelity can affect maintenance matters. You will also learn how a lawyer can help you with these issues and whether it is necessary to present evidence of adultery of your partner in court in order to be taken seriously by the judge.
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In Austria, adultery was a criminal offense until 1997 and was prosecuted. Although this law has since been amended, it is still considered a grave error for one of the spouses to have an extramarital relationship within a marriage. For this reason, adultery is one of the most important reasons for divorce, which in many cases leads to the unfaithful spouse being assigned the sole fault of the marriage. However, it is by no means stipulated that every extramarital affair immediately leads to the person responsible being punished with insult and shame and always pulling the short straw when comparing divorce. The divorce proceedings determine what has led to the irrevocable breakdown of the marriage. In this case, marital cheating certainly plays an important role, However, it may also happen that this alone is not decisive for the break in a marital relationship if, for example, the following circumstances exist:
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- The horned partner forgives the other: In some cases, the betrayed spouse is willing to give the other a second chance and use the affair of marriage as an opportunity to work on the relationship. The prerequisite for this, of course, is that the unfaithful partner regrets his misconduct and is willing to learn from his mistakes.
- The affair is not a cause but a symptom of the breakdown of the marriage: Even if extramarital relationships are a serious breach of trust and cheating on the cheated spouse, it can still be that the behavior of the horned spouse contributed significantly to the partner's unfaithfulness. For example, a hostile atmosphere may already have prevailed in the partnership or the couple may have become estranged.
So if one spouse has betrayed the other, it is the job of a judge to determine in the course of the divorce proceedings what the reasons for the adultery were and whether this was decisive for the breakdown of the marriage.
IMPORTANT! If you find that your spouse is betraying you, do well not to seek revenge or attempt to hold the other person involved in the affair accountable instead of your unfaithful partner.
Here you can find out what other reasons for divorce are still there.
Grounds for divorce, cheating and alimony
Regardless of whether there is concrete and proven adultery, or the cheating of adultery is rated as a serious marital offense, the consequences are the same. If it is determined by the court that the extramarital relationship is the cause of the incurable breakdown of the marriage, for example because the horned person is not ready to forgive his partner, or because the unfaithful partner does not want to give up the relationship and therefore gives up the marriage and through In addition, if the court found no serious faults on the part of the cheated partner, it is very likely that the unfaithful partner will be assigned the sole or predominant fault in the breakdown of the marriage. In this case, the court can stipulate that the guilty party is obliged to pay maintenance payments to his divorced partner. The following requirements must be met for this:
- The income of the horned spouse is not enough to continue the standard of living as before: The income of the unfaithful spouse exceeds that of his future ex-partner, which is why he is obliged to pay a reasonable amount of maintenance. Depending on the income of the other, this can be up to 40% of his income.
- The amount of maintenance is based on the difference that is missing in the income of the dependent spouse in order to maintain the previous standard of living
- As a rule, both parties should work after the divorce. However, this takes into account whether it is reasonable for the dependent spouse to work. If, for example, he has to look after one or more children at the same time, exercising a job is not considered reasonable.
Even if adultery is a serious reason for divorce, the problem is that the offense of adultery is on the one hand very narrow and on the other hand must be proven in court. Adultery occurs only when the unfaithful spouse has had sexual intercourse with another person. Other sexual activities, such as oral sex, are not counted as adultery, but as a serious marital offense. For this reason, it is difficult to really prove adultery if you don't have photos that depict the people involved in flagranti.
A woman's pregnancy resulting from an extramarital relationship is considered to be evidence. If the pregnant woman is the one who has horned the husband, it must be proven that he is not the father of the child. If a husband has cheated on his wife and his lover is pregnant, it must again be determined whether he is the father of the child. Ideally, those responsible are confessed, which is also evidence.
Since it is difficult to really prove adultery, the betrayed partner often pleads serious marital misconduct committed by the unfaithful partner, since these divorce proceedings are often arduous and, unfortunately, it is not always the case that the unfaithful spouse is cooperative shows, it is best to seek advice from a knowledgeable divorce lawyer who specializes in fraud within a marriage. He knows what methods and means to use to prove the misconduct of the future ex-partner and present it in court so that he is solely responsible for the breakdown of the marriage. Extra-marital affairs as grave marital misconduct have the same consequences as adultery.
Find your right divorce lawyer!Scheidungsinfo.at works with legal advisors for family law in these places in Austria
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