When It Comes To Cheating In A Marriage, The Rules Around Divorce Are Not Always Black And White
Who Is At Fault In Adultery?
First, let’s explain the Florida no-fault state law. This law states that either party may seek a divorce or dissolution of marriage for any reason. The only requirement is that one-party states that the marriage is “irretrievably broken.” However, if necessary, adultery may determine alimony, asset, debt distribution and parenting rights. For example, monies spent during the extramarital affair can have an affect on asset distribution. Infidelity can also be a consideration of the court when parental rights are involved. Generally, there is no standard divorce case, even in a no-fault state such as Florida.
Do I Need to Prove Infidelity?
Maybe. Adultery is voluntary sexual relations between a married person and someone other than the spouse. Although adultery in the state of Florida is a misdemeanor, it is not typically a charged offense. It may be generally uncommon for the courts to consider adultery in divorce proceedings. However, when child custody or parenting decisions are involved, it may be necessary to prove adultery. Circumstantial evidence such as phone records and credit cards receipts may be allowed as proof.
Does Adultery Have a Financial Effect?
Maybe. As mentioned, there is no standard divorce case. If one spouse claims adultery, many issues may be a factor in the court’s decisions, such as each spouse’s age and physical and emotional condition, marital standard of living, and each spouse’s earning capacity and employability. A seasoned divorce attorney can represent their client and pursue the best possible financial outcome in more complicated divorce cases, as in proving infidelity within a marriage.
Call Us If You Suspect Adultery May Be The Cause Of Your Divorce
Deciding to file for a divorce under any circumstance can be a stressful and painful experience. You need to trust and rely on an experienced divorce attorney who can compassionately guide you through the process. So whether your divorce is mutual or for reasons such as adultery, the legal services at William Bennet Law offer a professional and caring experience. Call us at (727) 821-8000 or contact us on our website here for a free consultation. We are here to help now.
Tagged with: Adultery, Cheating, Divorce, Infidelity
Posted in: Adultery, Divorce, Family Law