Sign in or Signup | For Lawyers | Jobs | About | Contact 612-466-0010

1 Answers

Is a cheating spouse liable for infidelity if divorce results?

Asked by: 360 views Family Law

In cases of infidelity, will the “wronged” party in a divorce by able to state the terms? What kind of burden of proof do such cases require?

I strongly suspect my wife is cheating, but do not have a smoking gun yet. What do I need to have in the eyes of the court?

Also, I make roughly 50% more than my wife, but wish to be able to walk away from a house and mortgage as part of the split. How likely is a judge to allow such? Would a cosigner in her family have to take my place on the mortgage? Would a judge mandate a parent or sibling do so?

1 Answers



  1. on Jan 23, 2012

    In Minnesota, infidelity does not matter. You don’t need to show that your spouse was at “fault” to get a divorce. Minnesota is considered a “no fault divorce” state.
    In general, a husband’s income is relevant to determining the amount of child support but there would probably be no alimony.

    Regarding the mortgage, both spouses would remain on the mortgage until it was refinanced by one spouse. Only the mortgage company can release someone from liability under the mortgage, and this release is usually only done as part of a refinance by the other spouse.

    Matthew Korogi, Minnesota Lawyer
    2812 Anthony Lane S, Suite 200
    Minneapolis, MN 55418-3270
    http://www.aaronhall.com/
    http://minnesotaattorney.com/

    0 Votes Thumb up 0 Votes Thumb down 0 Votes


Answer Question