Florida Divorce Adultery Laws
- Adultery in Floridaman and woman holding hands image by Michael Drager from Fotolia.com
In Florida, divorce is called dissolution of a marriage, and it is based on what is called a no-fault law. This means that a spouse only needs to say that a marriage is irretrievably broken to get a divorce. It does not matter if one of the spouses committed adultery or caused the breakdown of the marriage in some other way. Though adultery does not affect whether or not a divorce will be granted, it may have an impact on issues that come up in the divorce. - In all states child custody and visitation rights are awarded based on the best interests of the child. Parents' "moral fitness" is one issue that Florida courts will consider in regards to child custody and visitation rights. Adultery will not automatically prevent a parent from getting custody or long visitation, but it is something courts will consider if the parents disagree about custody. The court will consider whether the behavior of the adulterous parent has had a negative affect on the child or is likely to in the future.
- Florida has an equitable distribution property division law. This means that the court has the responsibility to divide the property fairly between parties. If one party has wasted or dissipated the assets of the married couple, the amount the spouse has wasted will be deducted from his or her share of the marital property. Any money spent on a lover or during adultery will be considered wasted assets. This would include gifts, hotel rooms, travel, and meals.
- Florida law specifically says that when the court is awarding alimony, also known as spousal support, it can consider adultery committed by one of the spouses. As with property division, a court's award of alimony is more likely to be influenced by adultery if the adultery resulted in a waste of marital assets.
Child Custody
Property Division
Alimony
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