Florida is a no-fault divorce state which means that neither of the parties seeking divorce needs to provide a reason for the filing. The mere statement that the irreconcilable differences caused an irretrievable break in the marriage is sufficient. Although one party's accusation of the other spouse committing adultery will not have much of an impact on property division, it may be considered in some of the court's other decision-making processes.
Some tips to keep in mind in a divorce resulting from adultery -- for the victim and the adulterer -- include the fact that it will have little or no impact on the divorce settlement. All assets will still be divided as prescribed under the equitable distribution law of the state, although, under these circumstances, it may be tough for the spouses to reach a settlement agreement on their own. The presence of adultery will also not affect child custody -- unless it can be proved that the adulterer is an unfit parent.
In some divorce cases, the fact that one spouse was committing adultery, and the circumstances around it, may influence the court's decisions on alimony. The spouse who was betrayed may also have some leverage to maintain a current lifestyle. Furthermore, the court may order the adulterer to compensate the other spouse for all the money spent on the affair or affairs. Proof of these expenses will be needed, but it can include expenses on gifts, restaurant outings, accommodation, trips and more.
Florida individuals who are involved in a divorce that involves adultery may benefit from consulting with an experienced divorce attorney. A lawyer can assess the situation and explain how property division, child custody, alimony and more will be affected -- regardless on which side of the argument the client is. If the client is the adulterer, an attorney can work on limiting the impact of the misstep, and if he or she is the victim of an adulterous spouse, an attorney will endeavor to gain as much as possible on behalf of the client.
Source: divorce.lovetoknow.com, "Five Divorce Settlement Tips Concerning Adultery", Marcelina Hardy, Accessed on Oct. 27, 2016