Effectively Handling Family Law Matters With Honesty And Integrity

How does adultery affect the outcome of a divorce?

On Behalf of | Feb 27, 2023 | Family Law

There are many factors that can change the outcome of a divorce, and you likely wish to capitalize on these if you feel that your spouse is wronging you in your marriage. A prime example of this is if your soon-to-be ex is guilty of adultery.

Adultery refers to the act of being in a relationship with another person outside of your marriage. If you have proof that your spouse is exhibiting this behavior, it is important for you to know how this might affect the impending divorce.

What aspects of divorce does adultery affect?

Florida is a no-fault state when it comes to matters of divorce, meaning that neither side needs to prove that the other party is responsible for breaking the relationship beyond repair. Even so, proving the presence of adultery can change how the court divides assets if there is reason to believe that the guilty party is using marital finances in an external relationship. A judge might also factor the act of adultery into the decision of determining child custody.

Are there other punishments for adultery?

Florida statutes on adultery describe the state of living in open adultery as a second-degree misdemeanor. The penalty for a crime of this degree is up to 60 days of jail time and $500 in fines. It is important to note that both parties in an adulterous relationship are subject to these penalties, even if only one individual comes from a marriage.

An individual guilty of adultery may see less of a share of marital assets in a divorce and might forfeit certain child custody privileges. Proving that adultery is occurring in your marriage can help ensure that the rightful outcome prevails.