Adultery remains one of the most common reasons that people file for divorce. It can be hard to trust your spouse again after you discover an affair. Some people even choose to leave their spouse to continue a relationship with their affair partner.
Whether you filed for divorce when you learned about your spouse’s cheating or you tried to save the marriage but they left anyway, you may want to turn to the Florida family courts for justice. After all, your spouse violated their vows to you, a decision that will affect you for years to come.
What are some of the ways that adultery could affect your Florida divorce?
It will force you to file
You may have been unhappy in your relationship for years but unwilling to make any changes until something dramatic happened. Discovering that your spouse has cheated might be the proverbial straw that breaks the camel’s back and convinces you to file for divorce.
Florida law allows for a straightforward no-fault filing, which, thankfully, means you don’t have to prove infidelity to file for divorce because of it. However, documenting the infidelity could potentially benefit you during the divorce proceedings or negotiations with your spouse.
Adultery could influence property division
Florida uses an equitable distribution standard for the property of divorcing couples. The judge deciding how to split your assets can consider your economic circumstances and your contributions to the marriage, among other factors to reach a fair solution.
Infidelity, especially if it involved your spouse wasting money on an adulterous relationship, could influence the way that a judge divides your property.
In rare cases, adultery could even impact custody matters
A Florida judge has to consider the best interests of the children when they decide how to divide custody and allocate time-sharing between divorcing parents. One of the many factors that influence the fitness of a parent for their responsibilities is moral character.
Infidelity could serve as evidence that one parent has less of an ability than the other to instill moral values in the children. However, while the judge might consider infidelity as they split parenting time, they are unlikely to deny a parent visitation or custody because of adultery unless their partner somehow poses a risk to the children.
Understanding the many ways in which adultery might affect your divorce can help you decide the best way forward after an affair.