305-358-2330If you are going through a Miami divorce, you know how stressful and emotional the entire process can be. If you are like most people, you may think that if your spouse cheated during the course of your marriage, that they may be the ones considered at-fault. However, this isn’t always the case.
Florid is considered a no-fault state. This means that either person in the relationship is able to file for a divorce and there is no need to provide a reason besides the fact that they no longer wish to be married. The only requirement is that the marriage is “irretrievably broken.” This is what relieves the court from having to figure out who is considered at fault for the divorce.
Even though divorces are considered to be no one’s fault, adultery may have an effect on other aspects of your divorce case.
If you are facing a divorce in Miami, the best thing you can do is contact an attorney for help. This will ensure that you fully understand your situation, what you are entitled to receive and more.
How Adultery May Affect Child Custody Issues During a Miami Divorce
One of the areas of a Miami divorce that may be affected by adultery is child custody. Factors such as moral fitness is a factor considered by the court when determining custody issues. If one of the parents is able to prove or make the claim that the other person’s adultery actions have or will have a negative impact on the child or children in question, then the judge may decide to limit the visitation or custody of the cheating parent. In this regard, cases of adultery can have an extremely negative impact when it comes to decisions of child custody.
Adultery’s Effect on Property Division in a Miami Divorce
In the state of Florida, it is required that all debts and assets be distributed evenly in a Miami divorce, because it is considered an equal distribution state. However, if it is found that the person who committed the adultery was spending money beyond the marriage on their non-marital partner, then the court may consider this to be a waste of the marital assets. As a result, it may be possible for the person who did not commit adultery to receive more assets in the divorce to provide compensation for the other person’s wasteful spending.
Adultery’s Effect on Alimony in a Miami Divorce
Another factor that adultery may affect during a Miami divorce is the amount of alimony awarded or paid. While the no fault concept does make this somewhat difficult, in the long run most judges will increase the amount of alimony paid to the spouse who has been wronged in the relationship.
If you are facing a Miami divorce and you need help figuring out how adultery may affect the situation, then the best thing you can do is to hire a Miami divorce attorney. If you need more information about filing for divorce and the affect that adultery may have on the situation, contact our team of attorneys at the Carolan Family Law Firm, P.A. by calling 305-358-2330.
Additional Reading
10 Things to Do if a Divorce is in Your Future
Top 5 Issues with Uncontested Divorces