Does cheating “matter” in an Indiana divorce case?

Infidelity is one of the top reasons for divorce, even among seemingly happy couples. The option of pursuing divorce on the grounds of infidelity does not exist in Indiana. However, proving your spouse not only cheated during the marriage, but also dissipated assets or accumulated date on the other individual potentially influence the outcome of a couple’s divorce settlement. Alternatively, cheating can be show to impact the children, hence custody and parenting time may be considered in light of the cheating conduct.

Unfortunately, simply having a hunch that your spouse has stepped out of the marriage is not enough proof to strengthen your case.

What constitutes proof?

Legally, you would have to prove that your cheating spouse had sexual intercourse outside of marriage. But does that mean you would have to catch your partner in the act to have proof? Luckily, the law does not require you to go this far.

Suppose you found texts or emails between your spouse and the person they have been cheating on you with; this can be evidence of an emotional affair. A more concrete piece of evidence would be if your partner went as far as renting an apartment where they could meet with their romantic other. Also, private investigation with a professional investigative company may discovery admissible and useful evidence of the extra-marital relationship.

You can benefit from legal guidance in your search for clear and convincing evidence that your partner stepped out of the marriage. This way, you can learn to distinguish between direct and circumstantial evidence.

Circumstantial vs. direct evidence

As the name suggests, direct evidence is the most convincing proof, which may include your spouse’s outright admission of guilt. Perhaps you confronted them with your suspicions that they were cheating, and they did not try to hide it. Or maybe the person they are cheating on you with reached out to you and told you about the affair out of guilt or to rub it in.

Circumstantial evidence might not be as strong, but your legal team can piece it together to prove infidelity. This is where hints like eyewitness testimonies, hotel and travel receipts, private investigation evidence and flirtatious emails, texts or messages may come in. All these can point to a physical relationship even without direct evidence.

Even though infidelity is not recognized as grounds for divorce in Indiana, proving your partner cheated on you during the marriage can potentially influence the outcome of your divorce settlement as to both distribution of property and debts or custody and parenting time. Consulting with Smith Legal LLC is crucial to help protect your rights and achieve a fair outcome during this difficult time.