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  • Writer's pictureMax Factor

How does my partner's adultery affect our divorce?

Updated: Dec 14, 2023

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Definition of a "No Fault" State in Divorce Court

Florida is a “no fault” state. What this means is that the circumstances that caused the parties to want to be divorced are generally not relevant to the proceedings. In Florida, the purpose of a dissolution of marriage action is simply to determine how the Parties are going to move forward.

How Does My Spouse's Affair Affect My Divorce Settlement?

Since Florida is a "no fault" state, most of the time the affair will not affect the outcome of the divorce in any major way. However, there are some exceptions in which adultery may be relevant to the proceedings:

  1. If one spouse has spent marital funds on an affair, the other spouse may be entitled to receive a credit for that in the distribution of marital assets and liabilities.

  2. Likewise, if one spouse has left the marriage and is now being financially supported by a new significant other, it may lessen any alimony obligation the other spouse would have had.

  3. If the Parties’ children were somehow exposed to or affected by an affair, it may have an effect on the time-sharing schedule a Court would find to be in their best interests.

These are just a few examples of how adultery might have an effect on a dissolution of marriage case. If adultery is a factor in your divorce, we recommend discussing the issue with an experienced attorney to see how or if it might impact your dissolution of marriage case.

Contact Our Attorneys If Your Spouse Has Committed Adultery & You Wish To File For Divorce

Max Factor Law has over 25 years of experience in family law and divorce cases in Tallahassee, Florida. Although, every divorce situation is unique, with Max's extensive experience in divorce cases, he can help assist you through almost all divorce situations. Whether you have committed adultery, or were the victim of adultery, call Max today to determine your next best steps in your divorce process.


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