Your Cheating Spouse:
Detecting and Surviving an Affair
By Staff Writer
As a family law attorney, I know that perhaps nothing is more
devastating to an individual or family unit as an affair. Many of my clients who
have been cheated on by their significant other equate the experience with a
death. While it is easy to succumb to the powerful, and oftentimes negative
emotions associated with discovering that your spouse has been disloyal, it is
extremely important from a legal and personal standpoint that you attempt to
maintain your cool and act proactively.
If you suspect that your spouse is cheating, do not confront
him or her. Now is the time to gather crucial evidence about the affair. This
information will either dissuade or confirm your suspicions and help you in the
event that you do discover that your spouse is cheating and decide to end the
relationship by filing for a divorce. Many times, individuals in such situations
must act quickly to get their case before a Judge. If your proof is established
before that point and you are poised to enter litigation, you have an advantage
over your unsuspecting and disloyal spouse.
It is not always necessary to hire a private investigator to
obtain proof that your spouse is cheating. While such a resource can be
extremely helpful in gathering photographs and other hard proof of adultery,
there are steps that you can take to build your case. I have learned that
cheaters are often sloppy and not extremely clever in hiding their actions.
Material that has been left laying around your home or in easily accessible
locations, such as a car or wallet, can be a treasure trove of information.
Carefully scrutinize cellular telephone bills, credit card statements and
receipts. If friends or others report suspicious behavior to you, make a note of
the information with as much detail as possible.
Either before or while you are gathering your proof, you
should consult with an experienced family law attorney. Even if you have not
decided if you want to pursue a divorce, by speaking with an attorney, you will
be apprized of your legal rights and obligations. Knowing your rights will only
make a stressful time more manageable.
If you learn that your spouse is cheating, you must make a
choice. Adultery does not always mean the end of a marriage. If your spouse and
you are both willing, you can attempt to work through the problems that led to
the affair and possibly emerge from the experience with a renewed commitment to
each other and a stronger marriage. Obtaining the assistance of a psychologist
or other mental health professional can help you focus and work on the crucial
issues.
If you decide that the marriage is beyond repair and elect
litigation, it is crucial that you concentrate strongly on remaining focused on
your best interests rather than inflicting hurt or revenge on your spouse and
his or her paramour. This is not to discount your reasonable feelings of hurt,
betrayal and anger. Unfortunately, however, when litigants allow these feelings
to guide their actions in a divorce case, they often spend an unnecessarily
large amount of money on litigation costs and end up with a result with which
they are unhappy.
To remain focused you should have an outlet for expressing
the feelings related to the breakup of your marriage and your spouse=s
disloyalty. Counseling and the reliance on friends and family are crucial and
can help you move through this difficult time. In selecting your support-system,
remember to keep your children out of it. You should never discuss your divorce
or the other parent negatively with your child. Not only could such behavior
harm your child, it could negatively impact upon you in future custody
litigation.
As you are going through the divorce process, it is natural
to discuss your case with your support system. Remember, however, that as your
support system, these individuals will often tell you what you want to hear. It
is all too common for clients to report that such support persons have informed
them of their interpretation of the law and what the client should gain from the
litigation. Try to filter out these well-intentioned statements. It is likely
that your friend is not a family law attorney. Also, in matrimonial and family
law, cases are extremely fact specific. Depending on the particular facts of
your case, the Court in which your action is pending, and the Judge assigned to
decide your case, the outcome could be incredibly different from that of someone
else with seemingly similar circumstances.
As you move through the litigation, remain focused on your
options and goals. Every decision should be made with the aim of meeting your
best interests and not on hurting or "showing" your spouse or his or her paramour. If you remain true to yourself and this
plan, you will likely emerge from the litigation more emotionally sound and
having spent far less money than those who allow anger and vindictiveness to be
their guide.