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What Impact Does Infidelity Have on a Divorce?

Recently, there has been a great deal of news media coverage on stolen personal data from online users of AshleyMadison.com, a website created for those looking to have an extramarital affair. The hack released the names, bank information, addresses and other details of more than 37 million users of the site.

Unlike other hacks that make the news, the Ashley Madison security breach has been cited as causing a substantial amount of embarrassment and personal turmoil for those who had their information leaked. It also led to a national conversation about the impact infidelity can have on a marriage. It’s also important to note that adultery may affect the proceedings in a divorce case.

In Minnesota, adultery has limited effects on a divorce because the law in Minnesota only allows couples to seek an end to their marriage by filing for a “no-fault” divorce. Every divorce in Minnesota must state within the final decree that there is an irretrievable breakdown of the marriage relationship of the parties, meaning the court is not assigning blame for the breakdown of the marriage. One of the few situations adultery may have some effect on a divorce in Minnesota is if the allegedly adulterous spouse spent significant portions of the couple’s funds on gifts, trips or other expenses related to an affair. In that situation a judge may order that he or she pay an increased amount of the assets or take on an increased amount of the debts to compensate for those wasted assets.

If you and your spouse are considering a divorce, consult the trusted Minnesota family law attorneys at Appelhof, Pfeifer & Hart, P.A.

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  • "Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.

  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties. Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.

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