The state of Florida is considered a “no fault” state when it comes to divorce. What this means is that either party can file for divorce, without having to provide a reason for it, besides the fact they no longer wish to be married. The spouse who is seeking the divorce just has to state that the marriage has reached a point where it is considered “irretrievably broken.” This is a rule that helps to relieve the court of trying to figure out who is at fault, and the couple doesn’t have to worry about discussing personal matters in court.
The Effect Adultery Has on Child Custody during a Divorce
While the reason for the divorce is irrelevant in a Florida divorce, if one of the spouse committed the act of adultery, it may affect other parts of the divorce proceedings. One example of this is in regard to child custody.
One of the factors considered by the court when making decisions about child custody is “moral fitness.” This means that if one parent is able to prove that the other parent’s adultery had any type of adverse impact on their child, then the court or judge may decide to put a limit on the parent’s visitation or custody who has committed adultery.
Effects Adultery have on Property Division in a Florida Divorce
Another factor where acts of adultery may come into play is in regard to the division of property and the division of debts. The state of Florida has an equitable division policy. This means that both the liabilities and assets from the marriage need to be distributed evenly. However, this may be thrown out if one spouse is able to prove that the other has intentionally wasted or dissipated the marital assets. Dinners, car payments, gifts, apartment rent and trips provided for a non-marital partner will be considered a waste of the marital assets. If this issue is proven, then the court may decide to reduce the share of marital assets the adulterer receives in order to provide compensation for the other spouse for all the monetary waste.
Effect Adultery has on Alimony in a Florida Divorce
According to Florida law, adultery is a factor that must be considered when amounts of alimony are being considered. However, some courts have found it challenging to reconcile this consideration of adultery with the concept of a divorce being considered “no fault.” However, in most situations, judges presiding over a divorce case are going to increase the alimony received by the wronged spouse if the conduct of the adulterer increased the spouse’s monetary needs.
If you are facing a divorce because your partner committed adultery, then it is a good idea to hire the services of a divorce attorney in Florida. This legal professional will be able to review the information related to your case to help determine what decisions need to be made.
If you are filing a divorce and need the help of a divorce attorney in Florida, then you should contact our team of attorneys at The Law Office of Jeffrey Thompson by calling 321-253-3771.