Does Adultery Matter for Divorce in Florida?
Oct
25
Written by:
10/25/2011 2:40 PM
So, you suspect that your spouse is having an affair?
Your first instinct might be to gather all the information that you can regarding this affair and present it to your divorce lawyer. While I usually firmly believe that you should go with your first instincts, perhaps in the case of adultery there really isn't a point.
Florida is a no-fault divorce state. This means that you do not need a reason to obtain or file for a divorce, and quite frankly, the Judge doesn't really even want to hear or consider your reasons for petitioning the court for a divorce.
So, why bother proving adultery? Because adultery is relevant in the following situations:
- Alimony, usually when the non-cheating spouse is trying to get out of paying alimony to the other spouse.
- Parenting issues, for example, if the affair is hindering the time spent with children or if the children are being exposed to morals that are inappropriate.
- Equitable distribution, or the method in which courts divide assets and liabilities, if there were marital funds spent on the affair - think lavish gifts or expensive hotel stays.
Even if the above scenerios apply to you, you should have a relevant conversation with your attorney regarding the pitfalls of proving up alimony in a divorce. Consider what effect this is going to have on your ability to co-parent with the other party until and beyond your children becoming adults? Do you really want to air your dirty laundry in a trial that is going to result in a findings that will forever be a part of your court file? Is it worth the expense to hire a private investigator and to subpoena maybe unwilling witnesses?
There are many factors to consider. These are all important issues that should be discussed with your attorney.
photo courtesy:Susan E. Adams