PaperCity Magazine

PaperCity Dallas December 2023

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their reasonable minimum needs or because they are supporting a child with special needs, which prevents them from being able to obtain those financial resources. A spouse who committed acts of domestic violence may also be ordered to pay spousal support. Those actions may impact the amount or length of time of the alimony. Adultery is also a factor that a court will consider when awarding alimony to a spouse entitled to the support. Evidence of cheating can not only help you gain an advantage during litigation, but it can also provide leverage when negotiating alimony during settlement or in the Collaborative Divorce process. Marital Infidelity Can Potentially Impact Child Custody While adultery may call into question a spouse's character, it does not necessarily reflect on their ability to be a good parent. Marital infidelity on its own is not likely to impact custody determinations. "If, however, one spouse is in a dating or intimate relationship with someone who poses a risk to the child's physical, mental, or emotional well-being, that is certainly relevant to and could impact custody issues," Budner says. Focusing on revenge and letting your emotions control the process is not the best way to get even. — Lee Budner Infidelity is Not a Silver Bullet Without question, infidelity can impact a case — but it's rarely the silver bullet you expect. While infidelity is extremely personal, it's also very common. Courts can be desensitized to the issue, and while it may be a factor in helping you get more than your fair share of the marital estate, it often does not tip the scales in a big way. "Addressing infidelity is important in a divorce, but you have to be careful and not let it consume your strategy and your case," says partner Carla Calabrese. Gaining Your Objectives Through Collaborative Divorce To soothe your own emotions about a cheating spouse, it would be natural to want to see your spouse punished publicly with the humiliation of a big court battle. But that's not how it works. Because those high-conflict battles are financially and emotionally costly, you may come out further ahead in the long run if you work through a negotiated Collaborative Divorce resolution of your marriage. Calabrese is acclaimed as a pioneer in the field of Collaborative Divorce. With a Master Credential in Collaborative Divorce and more than 30 years of diverse family law experience, Calabrese has seen it all. "Rather than hoping that a judge's decision will align with your needs, by working with a specialized team of divorce professionals in a Collaborative Divorce, you can develop terms that work best for you and your children," she says. "You can insulate your family from much of the emotional cost that goes along with divorce litigation." You can also begin the healing process from the affair sooner by reaching a positive resolution in less time than litigated cases, and with greater control over the process. Don't Get Mad, Get Even by Living Your Best Life Ahead The actions of a cheating spouse can be devastating. Instead of focusing on revenge, focus on living well. The experienced divorce team at Calabrese Budner is prepared to advocate for your best future, whether through Collaborative Divorce out of court, hotly contested litigation, or anything in between. Contact Calabrese Budner now to get started. Calabrese Budner 5944 Luther Lane #875 Dallas, TX 75225 Carla Calabrese Lee Budner 99

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