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How Does Adultery Affect Divorces?

How Does Adultery Affect Divorces?

Posted By Law Offices of Manuel Fajardo || 9-Jan-2013

Depending on the state, the act of adultery can have a different influence in the divorce case. The state of Florida is a no fault divorce state, meaning that there do not need to be evident reasons for the divorce. The couple is able to state that their marriage is "irretrievably broken" and does not need to demonstrate if a spouse did or did not commit adultery in order for the marriage to be ended by the courts. Adultery can influence the divorce in other ways however. When it comes to matter of child custody and visitation, the judge will likely want to know about these situations. They consider the factor of moral fitness when deciding who should be given custody of the child and if a parent without custody rights should still be granted the ability to visit with the child on an ongoing basis. The court will look at what is in the best interest of the child and if they find that one parent could be detrimental in their opinion, they can choose to limit rights.

It affects individuals financially and can be considered when determining alimony. Since the state is a no fault, many courts have trouble agreeing that it should be considered but a judge will typically take it into account if it is shown that the act of adultery increased the financial needs of the dependent spouse in some way. It will also come into play during the division of debts and marital property. Florida is an equitable distribution state and property is divided as marital and non-marital and from here is split up evenly. If it can be evidenced that a spouse cheated and may have used some of the marital assets in their relationship, this may be taken out of the portion that they are granted.

Since a divorce is often an emotional event, the added factor of unfaithfulness for whatever reason can also heighten the tension, making it more difficult to get through the matter and bring the marriage to an end. Whether you are the one that is accused of adultery or you are a spouse that has been cheated on, it is likely that you want to resolve the issue as fast as possible and gain favorable terms in the outcome. There are many influences that go into the final decisions in a divorce and adultery may or may not be one of them. Speak with a Tampa divorce lawyer at our office and allow us to offer legal assistance that can simplify the process and potentially gain you the resolution you are hoping for. You can receive a free consultation when you contact our legal team.

Categories: Divorce

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