Kathy D. Sheive Attorney at Law

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How infidelity affects divorce settlements that are reached

In most at-fault divorce states, adultery is one of many grounds on which a spouse can be granted a dissolution of their marriage. In Florida and many other jurisdictions that offer no-fault divorces though, it's fairly common for attorneys to get asked how a spouse's infidelity may impact negotiations in their case.

One way in which a spouse's infidelity may affect the settlement of their divorce is when it comes to making financial agreements.

While some states' laws restrict judges from allowing a spouse's infidelity to impact the property division decisions that they make, others permit them to use their own discretion and decide what weight it will have in the case. In some instances, Kissimmee judges will award additional assets or alimony to the spouse who didn't cheat.

Reaching a settlement in a divorce case where one spouse cheated is often difficult. The negative feelings that a husband or wife may have against their ex for their role in breaking up their family may make them unwilling to make any concessions to wrap their case up. A family law judge may have to hear the case and make decisions on their own.

Very little gets resolved in these hearings unless you and your attorney go into them with a well-defined strategy in mind. Even then, much of the session may be eaten up by you and your ex refuting each other's positions. The fees associated with litigating an end to your marriage can quickly add up.

Although your spouse's infidelity may have contributed to the demise of your relationship, it may do more harm than good if you bring it up as you look to settle your case. A divorce attorney can help you decide what's in your best financial interests and what's going to result in the most favorable dissolution to your marriage.

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