It is rare that an affair materially affects a divorce proceeding. Although there are some exceptions (notably in South Dakota), divorces are “no-fault” proceedings. That simply means the judge will grant a divorce without ever having to prove why the marriage failed. However, this does not mean an affair is totally irrelevant. For example, you may be able to demonstrate the unfaithful spouse is unable to act in the children’s best interests. Similarly, you may be able to show a significant amount of marital funds was used in furtherance of the affair (gifts, trips, etc.), which may affect the property distribution. Each case is unique, and our attorneys can provide you further guidance on how these issues may affect a divorce proceeding.