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Does Infidelity Affect Divorce in Florida?

What Do You Mean By Infidelity?

An act of being unfaithful towards your partner. It is also considered to be an instance of having a relationship or affair with someone else without the consent of the partner.

Difference Between Adultery and Infidelity

Adultery means an act of cheating your spouse while getting involved in sexual intercourse with another person. It means adultery occurs when one or both the partners are sexually active and married to someone else.

Infidelity is committed within marriage. Infidelity need not compulsorily involve sexual intimacy. Infidelity can be also termed as an instance of being deceitful to your partner and performing inappropriate acts during courtship or marriage. The term infidelity can be also used by unmarried people.

People commonly refer to issues relating to infidelity and adultery as 'cheating.' Issues relating to cheating involve anxiety, emotional stress, broken vows while in a committed relationship or marriage. Cheating occurs when one of the partners is knowingly cheating his spouse and maintains a parallel relationship with another person. These things are highly formidable when you are in a committed relationship or entering into a contract of marriage.

Therefore, adultery, infidelity, or cheating vary partially in their definitions. But the end result is disloyalty towards your partner. The act of cheating or betrayal leads to huge scar on the relationship and the people involved in it often tend to experience depression.

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Does Infidelity Affect Divorce in Florida?

In Florida, the act of Infidelity has zero effect in your divorce proceedings. The State of Florida is a 'no-fault' state which gives the least preference to the term infidelity or cheating. You are no longer required to give justifications for seeking a divorce in Florida.

The State laws of Florida will not punish you under infidelity charges either blame you for failed marriage or relationship. It means that either of the partners can apply and obtain a divorce on the basis of inconsistencies in a relationship. Thus, infidelity does not affect divorce proceedings in Florida.


Effects of Infidelity

A relationship is a very complicated bond. Couples who bond well, end up with a long-time relationship. If not then the couples nowadays opt for divorce. There is a number of reasons for couples to obtain a divorce. For instance lack of harmony, infidelity, adultery, financial inconsistencies, etc. Below listed are some of the important aspects relating to infidelity.

Share in the Property


The State of Florida believes inequality. When a couple is granted divorce the property is divided equally by the court. But in case your partner has drained all your savings, the court is likely to award you a higher share in the property. Since you incurred financial losses due to your partner's act

Children's Custody
The State of Florida does not interfere in the parent's visiting hours when one of the partners has committed an act of adultery. The decision relating to custody of kids depends upon the physical and financial fitness of the partner.

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Financial Assistance

Infidelity can also affect a judge’s decision with regard to alimony. Under Section 61.08 the Florida Statutes mentions that the court can grant a couple of divorce after taking into consideration the aspects of infidelity. The court gives a fair justice to both the parties. In case your partner has drained all your savings and refuses to pay alimony; the court is likely to compensate you with a higher amount of alimony. This is done to ensure financial stability among the couples after separation.

Therefore, the court does not completely ignore other facts while granting a divorce. Either of the party can dissolve the marriage and need not give any evidence to the court relating to his/her partner's infidelity. To obtain a divorce you need to tell the court that the relationship is beyond patch-up and compatibility. Florida law allows judges to modify its decision in some rare cases.

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