As a nation, we all must face the fact that people cheat on one another in a relationship far too often. If a couple is unmarried, it is often easier to make a clean split when adultery breaks the relationship irreparably. However, when a couple is married, cheating may complicate the relationship as well as the divorce.
A betrayal of intimacy in any form is devastating and has the power to destroy a relationship. If the couple cannot overcome adultery, divorce may be the logical next step. Florida is a no-fault state, which means that neither party bears fault in the eyes of the law. However, the betrayed often needs to hold the alleged cheater to account in some way. Doing so promotes healing and empowers the wronged spouse to move on with life.
As family law attorneys, we advocate strongly for any party wronged in a relationship. We know that some courts may consider adultery when ruling on certain aspects of a divorce. This is especially so if one spouse has demonstrated issues with moral fitness, a category that may include adultery.
In cases involving a potential lack of moral fitness, the cheating spouse may or may not have restrictions on child custody and visitation. Another example is that a judge may or may not award a larger share of marital property to the non-cheating spouse in a divorce.
Of course, none of the outcomes discussed above can be guaranteed, but having an advocate on your side can make a difference in how your divorce proceeds. You can find more information about getting a Florida divorce in our blog and on our website.