Finding out about the infidelity of a spouse can be one of the most painful and destabilizing experiences in a marriage. The betrayal not only rocks the victim emotionally but can also make legal matters much more complex, especially if you are considering divorce.
Florida is a “no-fault” divorce state because infidelity does not have to be proven to file for divorce. But it can be taken into account when a cheating spouse’s actions affect the economic condition of a marriage, including property division and child custody. Therefore, knowing how to protect yourself legally is important to safeguarding your rights and interests during this difficult time.
At the Affordable Divorce Center (ADC), we understand that infidelity cases can be emotionally and legally complex. This guide will walk you through the steps to protect yourself in Florida and how our team can support you through the process.
The Legal Implications of Infidelity in Florida
Florida is a “no-fault” state when it involves divorce. So, a spouse can seek and be granted a divorce at any moment, regardless of responsibility or blame for the marriage’s breakdown. A party seeking divorce can simply say that both of them are no longer compatible, and if the court finds proof of incompatibility, he or she will be granted a divorce.
Generally, Florida courts will split marital property between divorcing couples in a fair and equitable way. This normally results in both couples being awarded property with a similar total worth. The court has plenty of flexibility in determining this division as long as the parties are treated fairly.
In the majority of cases, one party’s misbehavior during the marriage has no bearing on how the court divides the marital property. For example, if the husband was lethargic during the marriage or the wife withheld sexual intimacy from the husband, it is unlikely to influence how the court divides the marital property.
Adultery can affect the partition of the marital estate based on the specifics of the adulterous relationship. For example, if the adulterous spouse lavishes his or her paramour with expensive presents, it can affect the division of assets. The adulterous spouse could financially support the paramour at the expense of the spouse and children.
For example, imagine one of them sold various expensive jewelry acquired during the marriage (without the spouse’s knowledge). When the court learns about the spouse’s use of marital assets to sustain an adulterous relationship, the court may decide to award the other person a larger share of the marital estate as compensation for the mismanagement of marital property.
Steps to Take When You Suspect or Confirm Infidelity
Discovery of infidelity may be an overwhelming experience, but the immediate steps to protect your rights and make preparations may help you through the legal process. Here is what you should do:
1. Gather Evidence Legally
Document suspicious activities, like unexplained expenses, travel, or communications.
You should secure bank statements, credit card bills, emails, and text messages showing the expenditure of marital funds for the support of the affair.
Avoid using illegal surveillance methods, such as hacking, as this may harm your case and result in a claim against you.
2. Consult a Qualified Family Law Attorney
Set an appointment for a consultation with an attorney who specializes in Florida family law. Present the evidence you have already collected and take recommendations for the next steps. An experienced attorney will explain how adultery might affect your divorce in terms of property and asset division.
3. Protect Your Financial Interests
Check joint accounts for any suspicious transactions to find out if any funds are being diverted. Keep all personal financial papers in a safe place; these include pay slips, income tax returns, and retirement account statements. Think about creating an individual account at the bank to keep your money safe during the divorce.
4. Take Care of Yourself
Ask for emotional support from close friends, family members, or even a therapist. Do not act based on impulses resulting from anger and pain because such decisions may just end up making the divorce more complicated.
Give preference to actions that would ensure your long-term stability financially and emotionally.
By taking these steps, you will be able to meet the challenges of a divorce where infidelity is revealed with perfect clarity and confidence.
How an Attorney Can Help You Handle the Divorce Process
When infidelity complicates the divorce process, proper legal representation can mean the world of difference in protecting your interests. A seasoned family law attorney should be able to steer you through the entire process with due attention to special challenges.
First, the attorney will evaluate how the affair impacts the legal proceedings under Florida law. In helping you determine whether the affair has any effect on asset division, alimony, or custody, they will also assist in considering several related aspects. If, for example, the marital funds were misused to cover the affair, you may be able to recover those amounts from the other party to the marriage or make other adjustments in the distribution of assets.
Spousal support might be inspired by infidelity as well. In the event of financial misconduct, your attorney can advocate alimony terms that allow for the harm caused. Additionally, your parental rights shall be protected by the attorney by properly addressing situations in which the affair might have led to a negative effect on the well-being of your children.
Learn more about What to Expect During Your First Meeting with a Divorce Attorney.
Let Affordable Divorce Center Help Protect Yourself Legally in Case of Infidelity in Florida
While it is true that Florida is a no-fault divorce state, it’s also true that Florida is known for fair divorces. Even an unfaithful party can petition for divorce in Florida as long as a court determines that the two parties are irreconcilable.
Let Affordable Divorce Center take care of the legal aspects of your divorce case while you focus on your health and finances.
Contact our experienced divorce attorney for the best advice on how to move forward if you find out that your spouse is cheating on you.
