The infidelity of one spouse is a common reason why many marriages crumble.
However, Florida is considered “no fault” divorce state. This
means that a spouse who is seeking a divorce does not have to show any
wrongful conduct of the other spouse and a court will not get involved
in the details of why a marriage deteriorated. The spouse seeking a divorce
simply needs to state that the marriage is “irretrievably broken”
and not capable of being repaired.
However, there are instances where infidelity or adultery of a spouse does
matter and can affect the outcome of a divorce. For instance, adultery
can affect equitable distribution, (the division of marital property and
debts). In Florida, at the outset of a divorce, there exists a presumption
that all assets and liabilities of a marriage will be divided evenly.
Nevertheless, if a spouse can show that the other spouse intentionally
dissipated or wasted marital assets to support their extra-marital relationship,
the court may reduce the adulterer’s share of marital assets to
compensate the innocent spouse for this waste. This includes any money
that was used by the adulterer to purchase gifts, trips, dinner, etc.
for the other relationship.
It is best to consult with an experienced Orlando divorce attorney to determine
if the adulterous conduct of a spouse may or may not affect your divorce.
Call Longwell Lawyers today at (407) 426-5757 and set up a consultation
with your Orlando divorce attorney.