If Your Spouse Cheats, Does It Affect A Divorce?
Contact a Fort Lauderdale divorce attorney Gustavo E. Frances, he understands the complexities surrounding all issues of divorce proceedings and helps you.
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Friday,
May 24, 2019.
posted in Divorce

On behalf of The Law Office of Gustavo E. Frances, P.A.

We know that you never thought that you would end up separating from your spouse. However, there may be a time when you need a divorce lawyer in Fort Lauderdale to help you. There are many reasons why a couple may need to separate, and one of those is infidelity.

Today, we want to discuss the role of cheating in the divorce process as well as some of the main issues that need to be handled throughout the proceedings. You can count on the Law Office of Gustavo E. Frances to be by your side.

What happens if a spouse has cheated?

One of the most common questions we get is whether or not a spouse’s infidelity will affect a divorce process. The answer to that is complicated.

Anything that causes a marriage to sour will affect the divorce process, but not officially. Rather, infidelity, or accusations of infidelity, are going to cause the divorce proceedings to be much more contentious.

Florida is a “No Fault” divorce state. This means that either party can ask or and obtain a divorce based only on a finding of incompatibility between the two spouses.

  • The fact that one party may be involved in so-called “bad behavior” does not have an impact on either party’s ability to file for and obtain a divorce.

However, the actions of both parties prior to the divorce will certainly come into play when it comes to the divorce process.

Do you have to prove adultery to get a divorce from your spouse?

No, as mentioned above, because Florida is a “No Fault” state, you do not have to prove that your spouse committed adultery to get divorces.

Will adultery affect the division of property?

The division of property in Florida will be done by the courts in an equitable manner. The fact that one party committed adulty will generally not affect this process. However, if it is discovered that the spouse who committed adultery spent large amount of money on the person they cheated with, to the detriment of their spouse, the injured party (non-cheating spouse) may receive a greater share of the marital property.

Will adultery affect child custody?

The court will always be guided by what is in the best interest of the child when making custody and visitation decisions. Adultery could be taken into account when determining the moral fitness of the parent. It will all depend on the circumstances surrounding the adulterous relationship.

What we want to do to help

We know that this is not how you envisioned your marriage turning out. However, we know that you may need legal assistance to get through the divorce process. At the Law Office of Gustavo E. Frances, we understand the complexities surrounding all issues of divorce proceedings. Let us get to work today to ensure that you are treated fairly by your spouse. Our knowledgeable and experienced team will handle negotiations and work to help you get this divorce finalized. If you need a Fort Lauderdale divorce attorney, you can contact us by clicking here or calling 954-297-6546 for a free consultation.

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