Infidelity Within a Divorce Case

Marriage failures can come in all different shapes and sizes. In most cases, divorcing couples feel that they are no longer compatible. In some cases, however, the marriage falls apart because of one of the party’s infidelity. Although the state of Florida grants “no-fault” divorces, infidelity can still impact your case.

The actions of either party prior to a divorce are relevant to the determination of the terms. For example, the party that is accused of committing adultery may find that the court’s decisions regarding alimony, child custody, and property division are swayed toward the faithful party.

How Can Adultery Affect the Terms of Divorce?

Property Division

Florida judges are not able to award a spouse a smaller or larger share of marital property simply on the basis that one party has cheated. If the spouse used marital finances in relation to the adultery, however, this factor may be used when the court is dividing property. As an equitable distribution state, the court does not have to split property evenly between the two parties, but can take certain elements into account, such as unfaithfulness.

Child Custody

The actions, both positive and negative, of each parent can directly impact decisions pertaining to the children. The court will be guided by what is in the best interests of the child and a child’s wellbeing is impacted by the actions and inactions of his or her parents. The “moral fitness” of a parent will be considered, which can involve instances of adultery.

Alimony

Infidelity can affect a judge’s decisions of alimony. Florida Statutes § 61.08 states that the court can take infidelity into consideration when deciding alimony. If the infidelity impacted the other party financially, his or her alimony award may be increased, causing strain on the party who has been accused of adultery.

What to Do if Accused of Infidelity

If you have been accused of committing adultery and you are weary of the impact it may have on your case, seek legal attention at once. At Catherine W. Real, P.A., our Tampa divorce lawyer can help protect your rights. Take the first step today by requesting a consultation with the firm.