How Affairs Affect Divorces in Florida
There are few things more disruptive to a marriage than an affair.
You spent years building a relationship that blossomed into a marriage. Perhaps there were even children that you two vowed to raise together through the good times and bad. You both made a commitment to honor and love each other.
An affair wasn’t anywhere in those plans.
But these things happen more frequently than many people realize. If you have recently suffered through the news that your spouse cheated on you, it’s important to know that you are not alone. Now you just need to turn your attention to processing the emotional aspect and making some hard choices about your future.
Of course, the first decision is whether or not you can trust your spouse again. Be sure to take the proper amount of time and consider it thoroughly. Perhaps you should even bring in a professional counselor to address any underlying issues. Because if you move on with the marriage based on an apology and the hope that things can get better without putting in the time and effort necessary, it’ll only cause you more grief later. And worse, you’ll have wasted valuable time.
If you do decide that you can’t continue with the marriage and pursue a divorce, you must be prepared for how the court will treat the matter. In Florida, the courts generally do not consider infidelity during divorce proceedings.
Florida is a no-fault divorce state. This means that either party can sue for divorce without proving the other side is the cause of the split. Furthermore, the court is not going to punish the offending party on moral grounds.
As for the marital property, the judge will split it in an equitable and fair manner looking mostly at the financial aspect. Therefore, the property division will be unaffected by the affair unless the cheating spouse was using marital assets to financially support his or her extramarital lover in some manner. It could be something as simple as lavish gifts or include something more concrete like rent payments.
However, if there are children involved, the court could take the infidelity into account when it measures the moral fitness of the parents. The court is attempting to find the resolution that is in the best interest of the child. It will depend on the particular circumstances as to whether or not the court includes in its analysis.
The Men’s Divorce Law Firm knows that every divorce is going to have its own issues. Our lawyers are ready to guide you through the legal process to help you move on with your life. Contact us today to set up an appointment.