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There are several common causes of divorce in Florida, one of which is adultery. However, there are many misconceptions regarding the law as it relates to adultery and divorce. If you are considering getting a divorce in the state of Florida, it’s important that you have a clear understanding of the ways in which adultery can affect your divorce. In this article, we discuss legal implications and myths surrounding adultery and divorce in Florida.
What is Adultery?
Adultery is voluntary sexual relations between a married person and a person who is not his or her spouse. If the other person is also married at the time of the relations, then he or she is also committing adultery.
Is it Necessary to Prove Adultery to Obtain a Florida Divorce?
Contrary to popular belief, it is not necessary to prove adultery to obtain a divorce in the state of Florida. Florida enforces a “no-fault” divorce system, which means that a spouse can be granted a divorce at any time regardless of fault or blame of either spouse. The only requirement is that the spouse requesting a divorce must allege the spouses are no longer compatible. As long as the court finds evidence of incompatibility, then the filing spouse will be granted a divorce.
Common Adultery Myth: The Unfaithful Spouse is at a Disadvantage
Although adultery is certainly an emotional issue, it doesn’t usually have much bearing in the outcome of a divorce. In other words, although many people believe that the unfaithful spouse in a marriage is at a disadvantage in divorce proceedings, this isn’t often the case. However, as discussed below, adultery can sometimes have an impact on property division.
The Effect of Adultery on Property Division
Florida courts aim to divide marital property between the divorcing spouses in a fair and equitable manner. The end result of this is that courts usually end up awarding both spouses property that, in sum, tends to be of a similar value. The court is granted a significant amount of discretion in the area of property division as long as both parties are treated in an equitable manner. In the majority of divorce cases, one spouse’s wrongdoing during the course of the marriage doesn’t impact the court’s division of marital property.
However, depending on the circumstances, adultery can have an impact on the division of the marital estate. For example, in some adulterous relationships, the unfaithful spouse spends large amounts of money on his or her non-marital partner. And sometimes an adulterous spouse may financially support the non-marital partner to the detriment of his or her family and spouse. In these types of situations, i.e., when the adulterous relationship causes some type of injury or harm to the non-adulterous spouse, the court can take this into consideration when making decisions regarding the distribution of marital property.
Contact a Family Law Attorney
For assistance with divorce in the state of Florida, please contact the highly knowledgeable and experienced family law attorneys of Staples Law Group. When you come to us for help with your Florida divorce case, we will guide you through the Florida divorce process and do everything in our power to ensure a successful result in your case. Please contact us to arrange an initial meeting with an experienced family law attorney.