If your spouse cheated on you and you are filing for divorce, you may be wondering if his or her actions will play a role in the proceeding. And, if they do, will they work in your favor?
Unfortunately, these odds are unlikely because the state of Florida is considered a no-fault state.
On the other hand, adultery can help in other ways?depending on the type of divorce you are filing and the circumstances of your case.
In Florida, you may be able to file for dissolution of marriage and finalize the process faster. Because Florida s a no-fault state, the process is simpler, and you do not have to deal with as much paperwork, court dates or extra hearings.
The waiting may take up to several weeks, but if you and your soon-to-be-ex cannot agree on details, then plan to wait a few months.
Adultery may play a factor in regards to the financial arrangements made during the divorce. If you have proof there was an affair, then you may be able to use this in negotiations.
However, it?s important to realize that the courts will not allow adultery or any type of martial misconduct to be used to determine division of assets. Only you and your attorney can use that for negotiations.
For alimony, proof of an affair could aid a judge in determining how alimony will be handled. But, with the recent potential changes to alimony laws, this may not be the case in the not-too-distant future.
It?s possible that alimony may be handled similar to child support where the courts use a strict calculation to determine the amount of child support each parent will contribute.
If you really want to use your spouse?s misconduct against him or her, you will want to consider how that will affect you. The more time you are in court, the higher your legal fees will be.
As a result, it is possible your divorce could cost much more and take longer than if you overlook the adultery factor.
If your spouse has cheated on you, which is the reason you are filing for divorce, contact Miami divorce attorneys at Estevez-Pazos today regarding your dissolution of marriage.
We can discuss your options regarding allegations of adultery and see if it is in your best interest to use that during the proceeding. Call us now to schedule your appointment at 305-717-7130.