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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hello My name is XXXXX XXXXX I would like some insight as to what

Resolved Question:

Hello My name is XXXXX XXXXX I would like some insight as to what is going to happen in my friends divorce perceeding. His wife filed for divorced and we have been dating for six years. In the perceedings she presented information about his affair and his attorney advised him not to communicate with me for a while. I am wondering what it is going on. Can you give me some insight.
Thanks.
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.

Zachary D. Norris :

Hi,

Zachary D. Norris :

I'd be happy to help you.

Zachary D. Norris :

Are you there?

Customer:

yes I am here.

Customer:

are you there

Expert:  TexLaw replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  TexLaw replied 2 years ago.
Florida is a "no fault" divorce state. This means that either party may seek a divorce without a showing of cause. The spouse seeking a divorce simply needs to state that the marriage is "irretrievably broken." It doesn't matter who broke it.
Florida is a "no fault" divorce state. This means that either party may seek a divorce without proving any reason for it other than the spouses don't want to be married anymore. The spouse seeking a divorce simply needs to state that the marriage is "irretrievably broken." This rule relieves the court of the complicated duty of deciding who is at fault, and the parties to the marriage are spared having to talk about painful personal issues in court.
However, if one spouse committed adultery, it might affect other elements of the divorce. For example, moral fitness" is one of the factors the court considers in making custody decisions, so if one parent can prove that the other parent's adultery had or is reasonably likely to have an adverse impact on the child, the judge might limit that parent's custody or visitation.
Adultery may also affect the division of marital property and debts. Florida is an equitable distribution state, so there is a presumption that the marital assets and liabilities should be evenly divided. This presumption may, however, be overcome by proof that one spouse has intentionally dissipated or wasted marital assets. Gifts, trips, apartment rent, car payments, and dinners for a non-marital partner are all considered a waste of marital assets. The court may reduce the adulterer's share of martial assets to compensate the other spouse for this waste.
Florida laws specifically list adulteryas a factor to be considered in determining the amount of alimony awarded, but courts have struggled to reconcile the consideration of adultery with the "no fault" concept. The botXXXXX XXXXXne is that judges will only increase a wronged spouse's alimony if the adulterous conductsomehow increases that spouse's monetary needs.

So your boyfriend's lawyer is telling him to not see you until the divorce proceedings are over to avoid there being additional issues of adultery which could affect the property division and custody issues. The less exposure to it, the better. However, it is a legitimate legal request from his lawyer.

Please let me know if you want to know more.

ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 5 other Legal Specialists are ready to help you
Expert:  TexLaw replied 2 years ago.
I'm not sure if you got my last post:

Florida is a "no fault" divorce state. This means that either party may seek a divorce without a showing of cause. The spouse seeking a divorce simply needs to state that the marriage is "irretrievably broken." It doesn't matter who broke it.
Florida is a "no fault" divorce state. This means that either party may seek a divorce without proving any reason for it other than the spouses don't want to be married anymore. The spouse seeking a divorce simply needs to state that the marriage is "irretrievably broken." This rule relieves the court of the complicated duty of deciding who is at fault, and the parties to the marriage are spared having to talk about painful personal issues in court.
However, if one spouse committed adultery, it might affect other elements of the divorce. For example, moral fitness" is one of the factors the court considers in making custody decisions, so if one parent can prove that the other parent's adultery had or is reasonably likely to have an adverse impact on the child, the judge might limit that parent's custody or visitation.
Adultery may also affect the division of marital property and debts. Florida is an equitable distribution state, so there is a presumption that the marital assets and liabilities should be evenly divided. This presumption may, however, be overcome by proof that one spouse has intentionally dissipated or wasted marital assets. Gifts, trips, apartment rent, car payments, and dinners for a non-marital partner are all considered a waste of marital assets. The court may reduce the adulterer's share of martial assets to compensate the other spouse for this waste.
Florida laws specifically list adulteryas a factor to be considered in determining the amount of alimony awarded, but courts have struggled to reconcile the consideration of adultery with the "no fault" concept. The botXXXXX XXXXXne is that judges will only increase a wronged spouse's alimony if the adulterous conductsomehow increases that spouse's monetary needs.

So your boyfriend's lawyer is telling him to not see you until the divorce proceedings are over to avoid there being additional issues of adultery which could affect the property division and custody issues. The less exposure to it, the better. However, it is a legitimate legal request from his lawyer.

Please let me know if you want to know more.

ZDN

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