If Florida is a No-Fault State, Why Allege Adultery in a Miami Divorce?
Florida is a no-fault divorce state, so no one is required to prove a “fault” to obtain a divorce decree. Nonetheless, there may be reasons that you want to allege to the judge that your spouse has been unfaithful.
Contact Hamilton O’Neill today. In this post, we look at why you may want to prove your spouse’s infidelity. We encourage you to call us to discuss whether to file for divorce or how to respond to a petition filed by your spouse. We advocate for clients in high-end and high-profile divorces.
How Adultery Will Impact Your Divorce
If you allege adultery, a court may consider the actions of your spouse in the following areas of your divorce:
- Return of Dissipated Assets. You might make a strong argument for the return of dissipated marital assets if your spouse used marital funds for the affair, such as paying for expensive trips or giving expensive jewelry. Misuse of any marital funds for this reason can lead to the court awarding you 50% of the funds your spouse spent on the affair.
- Property division. Adultery can matter for the equitable division of marital property. If your spouse dissipated assets because of the affair, then a judge might award you a greater share of marital property (over 50%).
- Division of debts. A judge can also consider adultery when dividing your debts. For example, your spouse could have gone into debt buying things for a romantic partner. This is also true if they had a child together. You should not be saddled with any of this debt, and we can ask a judge to make your former-spouse responsible for 100% of the debt.
If adultery is at issue in your divorce and your spouse is concerned about allegations of an affair being made public due being a well-known business or entertainment figure., they might be especially anxious to keep the affair under wraps. This anxiety can lead the other spouse to be more amenable to negotiate an amicable divorce, and possibly propose mediation or arbitration to maintain privacy.
Share with your lawyer any suspicions you have that your spouse has been unfaithful. We can search for evidence to strengthen your claim. A rash, unsupported allegation benefits no one, but you might have solid reasons for suspecting infidelity. We can investigate by looking closely at financial records to uncover gifts and expensive trips. We can also ask your spouse questions under oath during a deposition.
Adultery probably will not impact other aspects of the divorce, such as child custody or child support, unless a new partner is a threat to your children. A judge certainly will not punish your spouse simply because they were unfaithful.
Share Your Concerns with Our Legal Team
The attorneys at Hamilton O’Neill have helped high-profile individuals navigate divorce in Miami for several decades. We know that this is a difficult and painful time, especially if your spouse’s infidelity is the trigger for the divorce. Nonetheless, you have important rights in a divorce, and you should hire a law firm who knows how to aggressively pursue a favorable outcome. Call our firm to speak with a Miami divorce lawyer in a confidential meeting. We help clients file for divorce or respond to a divorce petition.