Divorce with a Cheating Spouse in Fort Lauderdale
Infidelity is one of the leading causes cited in divorce filings in Florida. Dealing with a cheating spouse during divorce proceedings is a challenging reality for many Florida residents. Divorcing due to infidelity involves addressing both emotional and legal complexities . This article offers guidance and insights for those facing the challenge of divorce in Florida under these circumstances.
Understanding Divorce with a Cheating Spouse
Divorce with a cheating spouse refers to the legal dissolution of marriage where one party has engaged in extramarital affairs or adultery. In Florida, divorce is primarily go
verned by state law, which includes specific provisions for fault-based divorce grounds such as adultery. For instance, if a spouse discovers infidelity and decides to file for divorce, they may need to provide evidence of the affair to support their case.
Florida’s No-Fault Divorce Law
Florida operates on a no-fault divorce basis, meaning you don’t need to prove adultery or any other wrongdoing to get divorced. The main requirement is to demonstrate that the marriage is “irretrievably broken.” However, infidelity can still influence various aspects of the divorce process.
Common Causes and Consequences
Infidelity often stems from marital dissatisfaction, lack of communication, or personal issues within the relationship. Beyond emotional distress, infidelity can impact divorce settlements, child custody arrangements, and alimony awards. According to recent data, adultery is a factor in approximately 20% of divorces filed in Florida annually.
Legal Process and Defense Strategies
While infidelity itself is not a criminal offense, it can influence divorce proceedings, especially in fault-based divorce cases. Legal defenses may focus on disproving allegations of adultery or mitigating its impact on the divorce outcome. Depending on the evidence and arguments presented, outcomes may vary from adjusted financial settlements to changes in custody arrangements.
Impact of Infidelity on Alimony and Asset Division
Infidelity, often characterized by a cheating spouse, does not directly influence the grounds for divorce in Florida. However, it can significantly impact other legal considerations such as alimony and asset division. Courts may take into account the adultery of either spouse and the circumstances surrounding it when determining the eligibility and amount of alimony t
o be awarded. If the cheating spouse has used marital assets to support the extramarital relationship, this behavior may also affect how the court divides assets.
Child Custody and Support Considerations
In Florida, decisions regarding child custody prioritize the best interests of the child above all else. While infidelity itself does not directly impact custody decisions, the behavior related to the affair, such as neglecting children or exposing them to inappropriate situations, can be vital factors considered by the court.
Role of an Experienced Attorney
An experienced attorney familiar with Florida family law can provide invaluable guidance and representation during a divorce involving a cheating spouse. At Mayersohn Law, we offer comprehensive legal services including divorce representation, asset division, and child custody disputes related to cases involving infidelity. Our firm has successfully assisted numerous clients in divorce proceedings where infidelity was a factor, ensuring fair outcomes tailored to their circumstances.
FAQs
| FAQs | Answers |
| How does infidelity affect child custody decisions in Fort Lauderdale? | Infidelity can influence custody decisions if it impacts parental judgment or the emotional well-being of the children involved |
| What evidence is needed to prove infidelity in a Florida divorce? | Evidence may include communications, witness testimonies, or private investigator findings that substantiate claims of adultery. |
| Can infidelity impact alimony payments in Florida? | Yes, infidelity may influence alimony awards based on factors such as financial need and the circumstances surrounding the marital breakdown. |
Contact Information
For personalized legal advice and representation in your divorce case, contact Mayersohn Law Group today.
Tel: 954-765-1900
