Florida divorces are considered no fault divorces
. What this means is that adultery is largely not relevant when filing for the divorce. Under FL law, the courts have ruled that adultery or marital misconduct must be financial and intentional, either not condoned or known by the injured spouse, and resulted in dissipation of martial assets. Thus, if you cannot prove financial injury in the dissipation of your marital assets the courts generally do not consider adultery any different than any other no fault divorce. If you have known about the cheating for 30 years, this is another issue considered by the FL courts to indicate it was condoned, or accepted, by you.
Where adultery might be considered by the courts would be in your marital property division and whether or not you would get alimony
. FL Statute § 61.08 states that only one of the factors that a court may consider in determining an alimony award is the adultery of either spouse. Florida law is very clear, however, that adultery may not be used solely to punish the unfaithful spouse. In fact, adultery may not be considered in relation to alimony unless the adultery has caused a depletion of marital assets. If the cheating spouse’s adultery had no impact on the assets of the marriage
, the straying spouse’s conduct is not to be considered in fashioning an alimony award.
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