Divorce is usually an unpleasant experience, but it can be made worse when infidelity is involved. Infidelity or adultery can make a sensitive divorce case even more complex. How does infidelity affect divorce cases in the state of Florida? Every case is different. Rulings in divorces are case-specific and depend on unique situations.
In regards to divorces, Florida is a “no fault” divorce state. This means, someone can file for divorce without needing to prove a specific reason or placing fault. This also means that the courts usually move through the divorce process in an even, equitable manner. When dividing property, determining alimony, and child custody are usually determined based on similar stipulations. Property is usually divided evenly and alimony is based on income.
The judge might not necessarily rule completely in favor of one spouse over the other based on infidelity, but it can imply things to the judge that could very well sway the ruling.
How Might Infidelity Affect the Rulings?
- Moral fitness: Moral fitness is typically looked at when it comes to child custody. The judge might look at infidelity or adultery as lacking moral fitness to care for the child. This would then have the potential to sway the ruling regarding visitation time, time sharing, and custody of the child.
- Dividing property: When dividing property in divorce cases in Florida, the “no fault” laws usually cause property to be divided evenly. However, in instances where infidelity or adultery took place, the judge may look at the secondary relationship as wasting marital assets, which might determine how the property ruling goes. For instance, if the husband is taking the mistress on vacations to Hawaii and expensive dinners, they are seen as wasting marital assets.
- Alimony: Alimony is usually determined based on income and standards of living. However, in unique cases of infidelity, more alimony may be awarded if the infidelity somehow causes an increase in monetary needs.
Divorce is never a streamlined process, and it is always advisable to have an experienced attorney on your side. When infidelity is involved, the case becomes more complicated and an attorney can help through the process.