How Do Allegations Of Adultery Impact A Divorce In Florida?
The three main reasons people cite for their divorces are money issues, growing apart, and adultery. In the case of adultery, one spouse may feel as if the other spouse is responsible for the breakdown of the marriage. That spouse might feel as though they should be favored during the settlement process. However, whether or not they receive any consideration from the court for being cheated on depends entirely on the specific facts of the case. In this article, the Orlando divorce lawyers at Greater Orlando Family Law will discuss how adultery could impact your divorce case.
Florida is a no-fault divorce state
The State of Florida allows only two grounds for divorce. Those are mental incapacity and no-fault grounds (the marriage is irretrievably broken). Because of this, the vast majority of divorce cases in our state are filed on no-fault grounds. When filing for divorce on no-fault grounds, one of the spouses must state that the marriage is irretrievably broken. The spouses don’t have to both agree to the divorce, and neither spouse has to prove the other was at fault for the breakdown of the marriage.
In the State of Florida, the majority of spouses will use no-fault grounds to dissolve their marriage. You can, in some other states, file for divorce based on adultery. Unfortunately, Florida is not one of those states. That doesn’t (necessarily) mean that allegations of adultery won’t impact your divorce settlement. But such allegations won’t impact your divorce settlement alone.
How does adultery impact child custody?
Adultery has a limited impact on child custody. In most cases, judges will not consider adultery when deciding on custody matters. However, if the spouse who committed adultery also used drugs or exposed the child to dangerous situations, then the judge may consider those factors when deciding on timesharing and custody. Allegations of adultery alone will not influence the judge’s decisions on custody.
How does adultery impact property division?
Again, adultery alone won’t impact how property is divided in Florida. Instead, the judge will consider whether one spouse used marital assets to fund the affair. If they did, then the judge will rule that they have “dissipated” the marital estate of assets and thus, the other spouse should receive more of the marital estate and less of the debts than the spouse who spent marital money to fund their affair.
How does adultery impact alimony?
A judge may be inclined to award one spouse more alimony if the other spouse dissipated the marital estate to fund the affair. Again, allegations of adultery will not influence the judge’s decision by themselves. There must be other factors present to sway the judge into favoring one spouse over the other.
Talk to an Orlando Divorce Lawyer Today
Greater Orlando Family Law represents the interests of Orlando residents who are going through a divorce. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your goals and concerns right away.
