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Adultery and Divorce in Florida

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Adultery and Divorce in Florida

Are you considering a divorce in Orlando, Florida due to your spouse’s adultery? If so, you’re likely going through a difficult and emotional time. You don’t have to face your legal battle alone. 

The Orlando divorce lawyers at Conti Moore Law, PLLC have over five decades of combined experience helping people navigate tough family law issues. We know it’s a sensitive time for you, and we’re here to provide honest, compassionate legal advice to ensure that you know your options. 

Call our Orlando, FL law firm today at (407) 831-0203 to speak with a legal team that’s dedicated to providing exceptional client services. We offer a free and confidential consultation to listen to your story and provide guidance on how to proceed. 

How Conti Moore Law, PLLC Can Help With Your Divorce in Orlando, Florida 

How Conti Moore Law, PLLC Can Help With Your Divorce in Orlando, Florida 

A divorce can be nerve-racking, costly, and time-consuming. Even if everything is uncontested, retaining an experienced attorney is best to ensure that you meet all procedural hurdles. 

The award-winning Orlando divorce attorneys at Conti Moore Law, PLLC can help. We’ve been repeatedly recognized as Rising Stars by Super Lawyers and have a perfect-10 Avvo rating. 

When you hire our experienced family law legal team to represent you, you can expect us to: 

  • Listen to you and guide you throughout the divorce process, aiming to make it as stress-free as possible 
  • Help you gather evidence of your spouse’s adultery for your divorce case 
  • Handle your case from start to finish with the utmost attention, respect, and confidentiality  
  • Try to secure an outcome that is favorable to your entire family 
  • Handle all negotiations and represent you in family court proceedings 

Contact our law office to schedule a free consultation with our Orlando family law attorneys. We’re ready to use our resources, skills, and experience to help you get through this challenging time and move on with your life. 

What is Adultery in Florida? 

Adultery isn’t explicitly defined under Florida law, but it’s when a married person has voluntary sexual intercourse with someone outside of the marriage (i.e., someone who isn’t their spouse). You’re considered married until the court formally dissolves your marital union, so you can technically commit adultery even if you’re separated and living apart from your spouse. 

Adultery is a second-degree misdemeanor in the State of Florida, punishable by imprisonment for up to 60 days and a fine not exceeding $500. The state rarely prosecutes these cases, but it can affect a divorce proceeding. 

Do I Have to Prove Adultery to Get a Divorce in Orlando, FL? 

You don’t have to demonstrate your spouse’s extramarital affair to get divorced in the Sunshine State. Florida is a no-fault state for divorces, meaning you don’t have to prove that your spouse engaged in any bad behavior to seek a dissolution of marriage. 

Florida statutes currently only list two grounds for divorce: 

  • An irretrievably broken marriage; or 
  • The mental incapacity of a party for at least three years.  

Therefore, if you’re seeking a divorce due to your spouse’s adultery, the grounds are an irretrievably broken marriage for purposes of the court filings.

“Irretrievably broken” means there’s no way to fix the marital relationship. If both parties agree that there’s no way to save the marriage, this is generally enough for the court to grant a divorce. However, if one party contests that the marriage is irretrievably broken, the other spouse can present evidence to overcome the argument, such as proof of adultery. 

How Can Adultery Affect My Florida Divorce? 

Though you typically don’t have to prove adultery to obtain a divorce, it may be a factor in other facets of your divorce, including: 

Alimony

Alimony is a payment ordered by the court from one spouse to the other. Florida courts will evaluate the financial need of a spouse and whether the other party can afford to pay spousal support

If so, the judge will consider various factors to determine the amount and type of alimony they’ll order, including the duration of the marriage, the standard of living during the marriage, the earning capacity of each spouse, and the responsibilities for shared children.  

Florida statutes also explicitly list adultery as a factor for the court to consider when determining the amount of alimony to grant a spouse. You must prove adultery for the judge to factor it into the alimony equation. You also need to demonstrate that the affair affected your marital finances, such as if your adulterous spouse spent marital property on gifts for their paramour.  

Property Division

Florida is an equitable distribution state, meaning the presumption is that assets should be divided equally amongst the parties – but they don’t have to be. Florida family courts have wide discretion when dividing marital property

For instance, a judge can consider the intentional spending or depletion of marital assets when ruling on the division of assets. Adultery could come into play if one spouse spent marital funds on the adulterous relationship.

Child Support, Custody, and Visitation

The primary factor in determining child custody and visitation issues is the child’s best interests

If a court is deciding primary custody, parenting plans, and time-sharing matters, they’ll examine various factors, including: 

  • The capacity of each parent to continue the parent-child relationship and provide a consistent routine 
  • The ability of each parent to act upon their child’s needs versus their own 
  • Each parent’s moral fitness 
  • The child’s preference

Though adultery isn’t an explicit consideration, it may apply to any of the abovementioned factors. For example, the court may view an extramarital affair negatively, impacting that parent’s moral fitness. Or, the child may be angry with the adulterous parent, thus wanting to live with the other parent.  

Contact Our Orlando Divorce Lawyers For Help Today

If you have filed for divorce or are considering divorcing your spouse due to adultery in Orlando, FL, contact Conti Moore Law, PLLC for help. We’ll help you file the proper documentation and work towards a favorable outcome for you and your family. Call us today to schedule a free consultation

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