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.