People get divorced for many different reasons. Some couples find they are no longer compatible after many years. Other times, misconduct by one spouse can cause permanent damage to the marital relationship.
An extramarital affair destroys the trust between spouses and may make continued marriage all but impossible. Those who discovered that their spouses have cheated may want justice. They may expect the courts to hold their spouses accountable for violating their marriage vows.
Can those preparing for divorce in Florida ask the courts to grant them justice during the divorce process?
Florida is a no-fault divorce state
Unfortunately for those who want vindication after uncovering an extramarital affair, Florida does not allocate fault during divorce proceedings. In fact, even when there is evidence of fault, infidelity on its own is unlikely to have much impact on property division and custody matters.
However, adultery is expensive. People trying to hide their adulterous relationships may pay for hotel rooms or secret mobile phones. They may waste hundreds of dollars a month undermining their marital relationships.
If one spouse can prove what the other spent on the affair, they can present evidence of that financial misconduct to the courts. Judges can exclude debts that originated due to infidelity from the pool of marital property.
They can also factor in any marital assets diverted to fund the infidelity. The more money that a spouse wasted while cheating, the greater the likelihood that the courts may adjust the outcome of the divorce process to reflect their bad behavior.
Having a realistic expectation when pursuing a divorce because of an unfaithful spouse can help people move on and enjoy their best lives after a betrayal. People who understand what forms of justice are possible under current state statutes are less likely to waste time, money and emotional energy pursuing unrealistic demands.