Believe it or not, infidelity is not a major factor in a contested divorce.  I often get calls from individuals who want to get divorced based on the affair of their spouse.  In Massachusetts, we no longer need grounds to pursue a divorce.  The truth is, infidelity is nothing more than one of many factors that go into deciding things like the division of marital assets.  In a limited number of cases infidelity may also be a factor in determining parenting time or custody of your children.

Rather than focus your time, emotional energy, and money on proving the grounds of infidelity, I counsel my clients in these situations to file stating an irretrievable breakdown of marriage.  The affair only underscores the fact that the marriage is over.

Don’t let the emotions and pain of an affair become a stumbling block for you; using the affair to your advantage is smarter than using it as a weapon solely to hurt your soon to be ex-spouse. I always remind my clients that one of the best strategies is to approach your divorce like a business decision.