Can infidelity affect a divorce, despite Florida being a No-Fault Divorce State?
Although the state of Florida has abolished the concept of fault when individuals file for divorce, that doesn’t make the process of obtaining a divorce any simpler, nor does it completely eliminate the impact that an individual’s behavior during marriage has when it comes to important decisions that come out of divorce, such as property distribution, alimony, timesharing, and related issues. In addition, many would be surprised to find out that adultery (or, rather, “living in open adultery”) is still considered to be a crime in the state of Florida, thus, it’s fair to say that behavior during marriage–regardless of what’s listed in state statute as technical grounds for dissolution– can have its effects. The No-Fault Divorce Law in Florida Florida being a no-fault divorce state, which means parties can dissolve their marriage by indicating that the marriage is “irretrievably broken.” When either spouse files, they must simply prove that they have been married and at least one has been a Florida resident for at least six months immediately preceding the filing date. How Cheating Affects a Divorce However, the reasons behind the divorce can come to affect circumstances related to property distribution, alimony, and parenting-related issues. For example, there are some opportunities whereby one spouse might be able to make the argument that the other spouse carrying on a romantic relationship during marriage could affect: Child custody & Timesharing: If the child being exposed to that romantic relationship could end up harming the child; Alimony: If the argument can be made that the affair affected the financial well-being of the spouse who would be receiving alimony payments or that the spouse applying for alimony payments does not need alimony if, post-divorce, they will be living with the individual they had an affair with; and Property distribution: If there is evidence that any marital property was used in furtherance or support of the affair. Depending upon the circumstances of your case, engaging in mediation or the collaborative divorce process may be preferable so that both parties enter into a written settlement agreement that addresses their many concerns and allows them to craft very specific parenting agreements that take into account any unique circumstances or concerns. Experienced Divorce Attorneys Serving Tampa, Orlando, Sarasota, and Surrounding Areas If you or someone close to you is going through or contemplating a divorce, the help of an experienced family law attorney can help resolve a lot of the stress and questions that come up throughout the process, even during the very initial stages. The statutory requirements are very strict, thus one mistake could cause you to lose your rights. Contact one of our offices at HD Law Partners in Florida to discuss your concerns and questions with one of our dedicated attorneys. We have a combined experience of 40 years in representing clients in divorce, property distribution, alimony, timesharing, and related family law issues. Our attorneys offer experienced and understanding legal guidance during this important moment in your life. Resource Tags: Alimony, Florida Divorce Attorney, Florida Divorce Attorneys, Infidelity, No-Fault Divorce Law, Parenting Plans, Tampa Divorce Lawyer, Tampa Divorce Lawyers Posted in Alimony, Divorce, Property Distribution, Timesharing | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us