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Could Adultery Impact Your Florida Divorce Outcome?
You married the love of your life and he/she pledged to remain faithful to you all the days of your life together. Unfortunately, according to a recent study, when asked “Did your spouse ever commit infidelity,”58% of men and 65% of women answered yes. In the end, 40% of male participants said their marriages ended following the infidelity and 19% of women said their marriages ended in divorce.
When someone is unfaithful, there are a lot of emotions and obvious hard feelings. This can make level headed or “reasonable” negotiations very difficult in divorce proceedings.
Here is what you can expect if your Florida marriage is coming to an end- even if you or your partner were unfaithful.
- Property Division
Florida law instructs courts to divide marital property in a fair and equitable manner regardless of the reason for the divorce. As a general rule, adultery is unlikely to have a substantial impact the division of assets. Keep in mind, if the adulterous relationship can be proven, lasted a substantial amount of time and/or its financial impact to your overall assets can be proven (expensive trips, gifts, hotel costs etc), this would be relevant and more likely to be considered by the court.
- Child Custody & Visitation
Florida Law protects the best interests of the child and child custody & visitation issues are resolved under the states statute named for this. Moral fitness is one factor. While circumstances would have to be significant to restrict visitation, the courts may take extreme or repeated cases of adultery into consideration when making a decision for child custody. Generally, some evidence must be presented that establishes how infidelity had an adverse impact on the parents behavior as a “fit” custodian.
- Alimony (Spousal Support)
Florida’s alimony statute clearly states that family law courts have the authority to consider adultery and the circumstances thereof in determining the value and duration of an alimony award.
Attorney Kelli Crabb, Partner at Weber, Crabb & Wein, P.A. should be consulted to review your divorce, child custody and claims to alimony. Contact now.