Does Adultery Impact Divorce in Tampa?
People choose to end their marriage for many reasons. The main causes of divorce are money issues, growing apart, and adultery. When one spouse feels as though their partner is to blame for the divorce, such as when they have been unfaithful, they may feel as though the outcome of the divorce should favor them. Whether or not this will hold true entirely depends on the facts of a specific case. Below, one of our Tampa divorce attorneys explains further.
Florida is a No-Fault Divorce State
There are only two grounds for divorce in Florida. These are grounds of mental incapacity and no-fault grounds. Due to this, the vast majority of divorce cases in the state are filed on the grounds of no-fault. When filing divorce on no-fault grounds, one spouse must only state that the marriage is irretrievably broken. The spouses do not have to agree to the divorce neither spouse has to prove the other was at fault for the marital breakdown.
Due to the fact that most divorces are classified as no-fault, you cannot file for divorce based on the grounds of adultery. However, that does not mean that an extramarital affair will not impact other terms of your divorce.
How Adultery Impacts Child Custody
If your spouse is still in a relationship with the person they were unfaithful with, there is a chance that your child will be exposed to their new partner. If they have a substance abuse problem, are abusive or neglectful, or will otherwise have a harmful effect on your child’s life, it can impact the amount of parenting time your spouse receives. The judge may decide it is not in your child’s best interests to spend time with the new partner and so, limit your spouse’s parenting time.
How Adultery Impacts Property Division
In Florida, marital property is divided fairly during a divorce. This does not necessarily mean property is divided equally. If your spouse spent marital funds outside of the marriage on the adultery, the court may view it as a waste of marital property. To compensate you for your spouse’s wasteful spending, the court may award you more marital property.
How Adultery Impacts Alimony
There are many specific factors family law judges must take into consideration when making decisions about alimony in Florida. Adultery is one of these. Generally speaking, when one spouse was unfaithful, the courts may award the wronged spouse additional alimony. This is particularly true if it can be shown that the extramarital affair increased the monetary needs of the wronged spouse.
Our Divorce Attorneys in Tampa Can Advise On Factors Impacting Your Case
There are many factors that will impact the different terms of your divorce and alimony is just one of them. At All Family Law Group, P.A., our Tampa divorce attorneys can review the facts of your case and determine which factors will impact its outcome. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to get the legal help you need. Se habla Espanol.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
