Divorce - Cheating Spouse
Updated: Mar 24
Florida is a no fault divorce state. In a nutshell this means that neither spouse has to prove bad behavior of the other spouse (such as infidelity). The court only requires that the marriage is "irretrievably broke" which requires little proof. If one spouse asserts the marriage is irretrievably broken, the other spouse cannot prevent the divorce from happening.
Depending on the circumstances, infidelity can impact the court's ruling on child custody, alimony, and equitable distribution (assets and liabilities). For example, if the cheating spouse was spending significant amounts of money on an affair, the court may award the non-cheating spouse a more favorable portion of the marital assets to offset the marital monies spent on an adulterous relationship.
Call Phipps at (813) 600-3201 or Contact Us to schedule a free 15 minute telephone consultation to better understand your rights and to learn how legal representation may benefit you with your specific situation.