Family law questions raised by the Eliot Spitzer case

1. Do you need to be able to prove that one or both spouses were at fault in order to get a divorce? No. In the 1960’s and 1970’s, states, including Oregon, started establishing no-fault divorce. My clients have had infidelity, addictions, mental instability, anger, and many other behaviors. Behaving badly doesn’t change your place in line to get a divorce. Anyone who wants a divorce can get one. It takes two to get married and one to get divorced.

2. Is fault, such as the infidelity of Governor Eliot Spitzer, relevant at all in a divorce? It doesn’t assist you in getting a divorce, but it is relevant if the behavior influences child custody. Governor Spitzer has three teenage daughters. If his own behavior put them at risk or if the people he brought to his home posed a possibility of harm, his wife could raise the issue to seek sole custody or to have his visits with his daughters supervised.

3. Is it relevant to child support or spousal support that one party has committed fault? Not specifically, but Mrs. Spitzer and others in a similar situation could argue that because of the other spouse’s behavior, more time is needed before she goes back to work. She might also claim that the children’s stability at a difficult time required that they stay in their home and not have to move, which could cost more money each month. It could also be that an additional budget is needed for therapy or childcare to help the children deal with the fallout from the at-fault parent’s behavior.