My Wife Cheated on Me, and I Want a Divorce—How Should I Proceed?

Divorce Settlement Agreement My Wife Cheated on Me, and I Want a Divorce—How Should I Proceed?

My Wife Cheated on Me, and I Want a Divorce—But How? DoNotPay Answers!

Filing for divorce after infidelity in your marriage is an understandable reaction for some.

Before you jump the gun, though, it might be worth considering how best to go about the process. An acrimonious divorce almost always ends up costing both spouses serious money.

“My wife cheated on me, and I want a divorce” should carry the caveat, “as cheaply, quickly, and painlessly as possible.” DoNotPay is here to show you how!

What Divorce Options Do You Have in Cases of Infidelity?

What happens in a divorce when a spouse cheats? If you can prove it, you can choose between the following divorce options:

  1. Fault divorce
  2. No-fault divorce

Fault Divorce

You can sue your spouse for divorce if they break the marriage contract between you. The typical grounds for divorce are:

  • Adultery
  • Abandonment
  • Conviction of a felony
  • Abuse or cruelty

Any of these are considered sufficient reasons for filing for divorce, but the burden of proof will be on you. As divorce is a family court matter, you will have to prove that:

  • Your spouse is guilty of the alleged deed
  • You are innocent of any wrongdoing

If your spouse wants to contest a fault divorce, there are legal precedents—your case may fall apart if your spouse can prove:

  • Condonation—you tacitly approved of the infidelity
  • Connivance—you set up the situation so your spouse would commit adultery
  • Provocation—you provoked the infidelity through your actions
  • Collusion—your spouse and you colluded to fabricate a reason for divorce to avoid the waiting period for no-fault divorces

Any contested divorce—and particularly ones where a fault is alleged—can result in a lengthy court case and considerable cost to both spouses.

No-Fault Divorce

A no-fault divorce is achievable in most states and is based on you and your spouse’s agreement that:

  • You are irreconcilably incompatible
  • The marriage is irretrievably broken

If you can agree to the principle of divorce as your best option, you can potentially:

This may mean shelving your emotions, but the upside is that your divorce can be finalized with a minimum of hassle and expense.

A no-fault divorce can still be contested if your spouse feels so inclined. The most effective way to save time, money, and heartache is if you can work together with your spouse to aim for an uncontested divorce.

How Does an Uncontested Divorce Work?

An uncontested divorce relies on you and your spouse agreeing on a settlement to end your marriage before your case comes to court. This can also be seen as a friendly divorce, whether or not true friendship still exists between you and your spouse.

The steps in an uncontested divorce are:

  1. Filing a petition for divorce
  2. Serving your spouse with the divorce papers
  3. Drawing up a settlement agreement

Filing a Petition for Divorce

Your first step in the divorce process is to file a petition for divorce.

This is a formal request for your county court to grant you a divorce and is normally accompanied by a list of your joint and individual assets, liabilities, income, expenses, and any children or dependents in the marriage.

Once the papers have been filed, the clerk of the court will give you the summons to be served on your spouse.

Serving Your Spouse With the Divorce Papers

You have to have the summons and copies of your divorce papers delivered to your spouse, who has to sign to acknowledge receipt.

If you have been able to agree to an uncontested divorce, your state may allow you and your spouse to file jointly, meaning you do not have to have the papers served.

Drawing Up a Settlement Agreement

A divorce settlement agreement is a legal document that sets out how your lives are to be separated after your divorce. It needs to include provisions for:

If a judge is happy that all aspects of your married lives have been successfully resolved by your settlement agreement, your divorce should be granted without much bother­—possibly without either of you having to attend court.

Where Can I Get a Divorce Settlement Agreement?

Your divorce settlement agreement is a complex document, but you don’t need to budget the earth for it. If you and your spouse can agree on the majority of points, the process will become easier and cheaper.

Your options for having your divorce settlement agreement drawn up are:

Settlement Agreement OptionsExplanation
LawyerMany couples automatically go to a lawyer for any legal document, but the divorce process can become frighteningly expensive when attorneys are involved

You and your spouse will both need attorneys to negotiate your settlement and draw up the agreed document—at up to $500 per hour, costs in the tens of thousands are easily possible.

A lawyer may not even be necessary if you and your spouse can’t agree on certain details of your settlement. An alternative to an attorney is a state-approved mediation, which can help you achieve a negotiated settlement at a fraction of a lawyer’s cost

OnlineMany online providers offer quick-and-easy divorce packages, claiming speed and efficiency at low cost. You and your spouse should be careful, though—many online services are highly generic and may not cover your exact needs. Your settlement may then not be accepted by a judge

DoNotPay has the solution—you can generate a complete and customized settlement agreement with us and save yourself time, money, and hassle!

DoNotPay Helps You Keep a Clear Head Right Through Your Divorce!

However emotional you feel, anger and resentment are your worst enemies in a divorce case—they are the quick way to make the process long, bitter, and expensive!

DoNotPay is here to help you get a fair and balanced settlement agreement that is watertight and sets an acceptable seal on your divorce. Our Divorce Settlement Agreement product is fast, all-encompassing, and sure to find favor with a judge.

Here’s what you need to do to use our feature:

  1. Sign up with DoNotPay
  2. Find the Divorce Settlement Agreement product
  3. Follow the prompts and fill in the details of your settlement

Once you are done, you will get your document in a flash—you and your spouse can sign it in the presence of a notary, and you can both start to move ahead with your lives. No idea where to find a notary? No worries—DoNotPay’s online notarization service has that covered!

What Other Issues Can Our App Solve?

DoNotPay can support you through various burdensome procedures and turn them into a breeze! Here’s a table showing a tiny part of our extensive offer:

DoNotPay CanServices
Create various documents
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Get your money back

DoNotPay Is Your Ticket to Simpler Life

Don’t bother going through complicated tasks alone—we are here to take care of them! Seek our help if you want to get in touch with customer service instantly, fax anyone online, or get your documents notarized. Besides providing these amazing services, DoNotPay can make preparations for your travel adventures by assisting you in getting passport photos at home and obtaining tourist visas.

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