On behalf of The Law Office of Gustavo E. Frances, P.A.
Infidelity can be physically and emotionally debilitating. It is the single and most damaging thing that can happen to your relationship and in most cases, it will lead to a divorce. Statistics show that an average of 50% men and women have an extramarital affair. If you are experiencing infidelity in your marriage, it is best that you contact a Fort Lauderdale divorce attorney to help you handle your situation and file for divorce. It is okay to experience negative emotions but doesn’t let your emotions ruin your life.
Sometimes couples feel they are no longer compatible with one another yet this should not be an excuse for infidelity. Whether your circumstances or finances have changed, you should be faithful to your spouse. However, Florida is a “no-fault” divorce state so you can request a divorce based on incompatibility only. In other words, your spouse’s unfaithfulness doesn’t impact the outcome of your divorce case.
Florida courts generally consider what happened prior to the divorce. If one of the spouses engaged in adultery, the court will make some legal decisions based on it. In other words, some important divorce aspects such as spousal support, asset division, and child support can be affected by infidelity in the marriage.
What is adultery?
This is when one of the spouses has sexual relations with someone other than his or her spouse. Even if it only happened one time, it is still considered adultery. However, the couple is considered married until they get a divorce. In other words, if one of the spouses is having an affair during divorce proceedings, it is considered an adulterous relationship. Some divorcing spouses make the mistake of using marital assets while they are having an affair. Ask your attorney about the steps you should take after discovering your spouse’s affair.
Is it necessary proving your spouse was unfaithful?
Florida is a no-fault state so it is not necessary to prove fault or blame anyone. Not being compatible with your former spouse is sufficient grounds to request a divorce. Even if you never find about your former spouse’s relationship, you can still get a divorce.
Division of property
Florida courts generally divide things fairly in a divorce. The court will make sure each party receives their fair share. Trivial things that happened during the marriage will not impact the distribution of your assets. Infidelity, however, can impact property division, depending on the circumstances that led to the separation. The spouse affected by the adulterous relationship may be awarded a greater share if the court determines the affair has either injured or harmed the non-adulterous party.
Child custody and alimony
The actions of the cheating parent can impact the children. For instance, a parent struggling with an addiction or a parent with aggressive behavior can threaten their children’s safety. In other words, if the parent’ actions pose a threat to the child’s best interests, his or her parenting time can be reduced or completely terminated. The same rule applies to alimony. The facts of your case are carefully evaluated and an agreement is reached.