Divorce Cheat: What You Need to Know

If you suspect your spouse is cheating, you’re probably wondering how that impacts a divorce. In India, adultery used to be a criminal offense, but the law changed in 2018. Today, cheating is a civil ground for divorce, which means you can file for a split without going to criminal court.

The key thing to remember is that a “cheating” claim isn’t automatically granted. You must prove the affair with evidence like messages, photos, or a witness. Courts look for clear proof, not just rumors. Without solid proof, the case may stall, and you could waste time and money.

When Cheating Becomes a Ground for Divorce

Under the Hindu Marriage Act, the Special Marriage Act, and the Indian Divorce Act, adultery is listed as a fault ground. This means you can ask the court for a divorce based on the spouse’s infidelity. The court will consider factors such as the length of the marriage, any children, and the impact on the family. If you’re in a mutual consent situation, cheating still matters because it can affect the negotiation of settlement, alimony, and child custody. Even when both parties agree to part ways, the cheating spouse may face a larger share of financial responsibility if the court sees the affair as harmful.

Practical Steps If You’re Facing a Cheating Spouse

First, gather evidence. Screenshots of chats, emails, and any tangible proof are crucial. Keep a log of dates, locations, and any witnesses who saw the spouse with the other person. Second, talk to a family lawyer early. A lawyer can help you understand which documents you need and how to present them. They’ll also advise whether a mutual consent divorce or a fault‑based divorce is better for your situation. Third, consider mediation. If the cheating spouse is willing, mediation can speed up the process, reduce costs, and keep the conflict low, especially when children are involved. Fourth, protect your finances. Open a separate bank account, change passwords, and make a list of joint assets. This safeguards you from any attempts to hide money.

Finally, think about your emotional health. Divorce is stressful, and dealing with infidelity adds another layer. Seek counseling or a support group to stay grounded.

Our tag page also contains posts that dive deeper into related topics, such as "Can I Divorce My Husband for Not Sleeping With Me in India?" and "One‑Sided Divorce in India: Process, Rights & Legal Tips in 2025". Those articles give more detail on filing procedures, timelines, and what courts look for.

Remember, you don’t have to navigate this alone. A solid plan—evidence, legal advice, and emotional support—can turn a messy cheating situation into a smoother divorce process.

Keep these steps in mind, stay organized, and move forward with confidence. The law may be complex, but with the right approach, you can protect your rights and start a new chapter.