What Are Your Rights When It Comes to Adultery in Florida?

April 19, 2014

It is quite common for people to believe that adultery will play a large part in their divorce proceedings. This is rarely the case in the Florida courts. They are much more interested in trying to fairly separate the jointly owned properties so that each party is able to move on with getting their new separate lives started. The only time that adultery is really considered is if the joint property is directly affected.

Adultery is rarely taken into consideration during Divorce Proceedings

People hear “no fault” and wonder what it really means. Florida is considered a “no fault” state. This simply means that the court does not require proof of infidelity in order to grant a divorce. The court will simply hear the case and oversee the division of property. They are not concerned with why the divorce is happening or who was that cause.

What is the difference between regular adultery and Financial Adultery?

While finding out that your spouse committed adultery can be traumatic the Florida courts do not take it into consideration during your divorce proceedings, but on the other hand if your spouse committed financial adultery than the courts will award you compensation.

In order to receive compensation for your spouse’s financial adultery you must be able to prove:

- Your spouse spent a large some of money on someone outside of your marriage.

- Your spouse is hiding money or hid money when the divorce papers were files.

- Your spouse is working with someone in an effort to hide money.

What about the Statute?

- A statute is a written law, passed by the legislature, state or federal.

- In Florida, Sections 61.075 and 61.08, Florida Statutes appear to contradict some of what we’ve said above; it specifically appears to contradict our comments on adultery not typically being considered by the court.

- The statutes indicate that adultery and other forms of marital misconduct matter in divorce settlement, meaning that the “injured” spouse should receive more assets than the “offending” spouse.

- However, in practice, the courts have indicated that adultery or misconduct must be financial and intentional, either not condoned or known by the injured spouse, and resulted in dissipation of martial assets.

While financially physical adultery does not hold much weight it can be considered in a custody hearing. You would be responsible for proving that the adultery may directly affect the children, or that your spouse is unavailable due to the adultery in order to have it weigh heavily on the courts’ decision.

Consult an Attorney

It can be confusing to try to figure out all of the divorce proceedings on your own. Make sure to contact a qualified attorney for assistance in making sure that you get what you deserve from your divorce.

The Role of Past Adultery in Divorce Procedures

April 15, 2014

Adultery is the second most common cause for divorce in the United States. It falls just below financial issues when it comes to dissolution of marriages. Statistics show that roughly 30 to 60 percent of all married individuals in the United States will engage in adultery at some point in their marriages. But despite the prevalence of adultery and the fact that it often leads to divorce, it may not be in the best interest of either party involved to list it as the grounds for the divorce in some states.

Facts about Adultery and Divorce Proceedings

When filing legal papers at the court house for divorce, there are some things that should be considered before inserting the reason for the request for divorce. These things include:

  • Many states are no-fault states – a no-fault state simply means that the reason for divorce can be as simple as stating that the two spouses are not compatible. There is no way to contest this and no one can stop the divorce from going through. Listing incompatibility is by far the easiest and fastest way to get through a divorce. Most people who file for divorce put this down regardless of what the actual, specific reason for the divorce is.
  • Listing adultery as the cause of divorce means that an additional trial in which the adultery is proven must occur before the divorce will be granted. If adultery cannot be proven, the divorce will not be granted.
  • The only time that it may be worth it to list adultery on an official document is if doing so may influence other parts of the divorce proceedings such as division of property, alimony, or child custody.

It is important to speak with an experienced divorce lawyer about the pros and cons of listing adultery as the reason for divorce before making a decision either way.

Are They Committing Emotional Adultery?

April 12, 2014

Do you suspect your spouse is up to something, maybe not quite a physical affair but an emotional affair (a.k.a. emotional adultery)?

If you’re wondering how to tell, here are some “signs” or symptoms you can check:

Sign of emotional adultery # 1

If your spouse seems to be getting a lot more voicemails, texts or emails than normal, chances are they are in fact emotionally involved with someone of the opposite sex.

This can also manifest itself as them texting more on the weekends… spending more time on the computer on sites like Facebook… or going out to “take a call” more often than he or she normally does.

Sign of emotional adultery #2

Another sign to look for is if your spouse seems pretty unexcited most of the time except when he “goes out” or goes to work “late.”

If there’s any signs of enthusiasm when he’s leaving somewhere or calls you to tell you he’ll be late, he may be having an emotional affair with someone.

You’ll have to use your gut here, as only you know your partner’s behavior best.

Sign of emotional adultery #3

Do they tend to dress nicely or be overly hygienic when leaving the house? DO they care about their appearance more than normal?

This could be a tell-tale sign. Subconsciously they want to look good for whoever they’re going to be seeing.

This sign is especially true for guys who’ve been in a relationship for a while. It’s normal for them to get comfortable and not care as much as they used to about their appearance. That’s why THIS can be a big clue.

These are the three most common signs of emotional adultery.

The next hurdle to jump over if you truly suspect an emotional affair (or have proof, from something like checking his or her phone while they were away from it) is to confront your partner.

Now be prepared, because your partner may deny everything, or even accuse you of breaching his trust. When this happens you might feel guilty or even question yourself.

Don’t let that happen.

Just be calm, cool and collected. And don’t get defensive or accusatory when you bring up the issue of emotional adultery.

Listen to his or her side of the story calmly. Try and not let your emotions get in the way.

If he or she IS in fact guilty, then you’ve got to get them to stop the emotional adultery ASAP before it escalates into physical intimacy.

At this stage, you still have a VERY good chance of saving the relationship or marriage.

So start working on your communication skills with your partner and setting up some boundaries.

What do I mean by boundaries? It means refraining from doing certain behaviors. For example, you may create “rules” for each other for when it comes to hanging out in social setting with the opposite sex.

Or you may have a rule that states it is NOT allowed to hang out with members of the opposite sex – even as friends.

This is probably the best boundary you can set up in order to prevent emotional adultery from ever happening again.

Is Your Spouse Committing Emotional Adultery?

April 5, 2014

Many marriages are damaged by emotional adultery which is sometimes called emotional cheating or emotional infidelity. Emotional adultery is a non-physical intimate relationship outside of marriage with sexual overtones. Emotional cheating is somewhat different from physical adultery which involves both physical sex and emotions. This article gives information on what emotional infidelity in marriage is and some emotional cheating signs.

How Does Emotional Infidelity Start

Although it is not unusual for married couples to have fiends it is important to consider that there can be a thin line between emotional infidelity in marriage and a close friendship. Emotional infidelity in marriage often begins when marital problems, feelings, and disappointments are shared with an emotional friend. In an emotional affair you are giving your deepest emotions to someone other than your spouse. Often the emotional attraction begins without initially realizing what is occurring.

How Do Emotional Cheaters Communicate

In today’s society a broad range of communication choices makes emotional adultery easier. The ability to communicate by internet, email, telephone, and text messaging creates a broad range of communication choices.

Often people who commit emotional adultery think they have not done anything wrong because there was no sex. As their emotional friendship becomes stronger the wish to take it into a physical relationship becomes stronger. The emotional infidelity in marriage tends to create distance between spouses similar to physical adultery. When emotional needs are being met by someone other than the spouse a marriage becomes weakened. In essence the spouse who is having the emotional affair is giving their heart to someone else.

Frequently in emotional adultery the non cheating spouse is made to feel as though their suspicions are unreasonable. The cheating spouse frequently claims that the relationship is just a friendship and is often reluctant to end the relationship. Spending large amounts of time with someone of the opposite sex or same-sex without the knowledge of a spouse could be leading to an emotional affair.

Emotional Infidelity Signs

Large numbers of text messages and frequent phone calls to the same person are possible emotional cheating signs. Meeting for coffee, lunch and other in person meetings are signs of an emotional affair that could be headed for physical infidelity. Marriages that are already having problems are susceptible to emotional affairs. Often a spouse is initially searching for emotional support and someone to listen to their problems.

The effects of emotional adultery can be devastating to a relationship. In addition to influencing a spouse to make life changing decisions, it destroys trust between married couples when the adultery is discovered. This means staying with someone you don’t trust or ending the marriage.

As you can see emotional adultery is a form of betrayal of your marriage partner. Marriage is the uniting of two people to share their lives with a devotion to each other. When one spouse violates the matrimonial intent of marriage they put the relationship is in severe jeopardy of failing.

If your marriage is suffering from as a result of emotional adultery you may choose to work at saving the marriage or ending the relationship. If you choose the path of working on your marriage problems it will take time and effort to rebuild trust and bring the marriage to a good place.

Fortunately regaining trust after emotional infidelity is possible when both partners are willing to work at it and seek the needed help. Help can be found in the form of online self-help books, marriage counseling, or marriage retreats.