What is the effect of adultery on a divorce?
When a couple decides to get a divorce in Florida, they do not need a reason because the state is considered a “no fault” state. The couple just has to declare that their marriage is irretrievably broken and that they do not want to be married any longer. A lot of people think that if their spouse committed adultery throughout the course of the marriage, it will benefit them more in the divorce proceedings. This is not the case.
If you obtain your divorce through mediation, you will be able to discuss the various reasons for your divorce. If you have a divorce in court, the judge will not be interested in hearing about your spouse cheating on you. The only way that this fact can potentially benefit you is if your spouse used marital funds on the affair. If you can prove that this was the case, you may be able to recover half of that money. In order to do this, you may be required to show bank statements that prove that your spouse spent the your combined income on the person they were having an extramarital affair with.
If your spouse was having an affair and you wish to obtain a divorce, you should speak with an experienced divorce attorney. One of your options for divorce is mediation, and if that is the route you choose to take, you will also need to obtain the services of a mediator who can help you through this difficult time.
Judith Goldberg is an experienced Boca Raton mediator serving Palm Beach and Broward County, Florida. If you need a compassionate mediator to guide you through your family law matter, contact our Boca Raton office for a free consultation.