Florida Info

Florida Divorce Start Your Divorce Find Professionals Florida Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Florida Products Divorce by County

Florida Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Financial Planning Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

Florida Divorce Support Florida Divorce Online

Adultery and Other Marital Misconduct

Most people are surprised to learn that if one spouse is cheating the divorce judge may not even permit that evidence during the trial. Florida is a "no fault" divorce state. There is no need to prove that a spouse has cheated to be entitled to a divorce. Judges are not interested to hear who was a good or bad husband/wife. Our laws treat the break-up of a marriage much like dissolution of a business partnership. The property and debts are fairly divided, other obligations allocated between the parties and they go their separate ways.

There are exceptions. If there is a financial impact to the marriage because of the cheating the court could allow that evidence so it can determine how to compensate the other spouse. For example, if one spouse spent money supporting a girlfriend/boyfriend, paid rent, purchased cars and/or other gifts, paid for expensive vacations and the like the court will take that into account. Sometimes that type of conduct has gone on for years undetected and once discovered can have a significant impact on the case. While the divorce case is progressing the discovery of such matters can be very emotionally upsetting. Frequently the judge is asked to rule on whether or not certain questions can be asked and other avenues of inquiry pursued. Sometimes the third parties involved even retain their own lawyers.

There are other forms of marital misconduct. For example, a spouse could have a long term plan to divorce in the future and over the course of several years conspire with family members by transferring money or other assets to them to hold until the divorce is over. This is called dissipating marital assets. Assets may also be dissipated by excessive gambling or substance abuse. If that is discovered during the divorce case, in extreme cases, those third-parties can be named as parties in the divorce and may have to answer to the judge. This sometimes happens with business partners, who think they are doing their partner a favor, help their partner cheat their spouse. This raises the level of complexity of the case making it all the more important to be vigorously represented by a proficient expert in family law.

Was this helpful? Like our site & let us know.

Related Articles

Start Florida Divorce Start Your Florida Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Florida Divorce Find Florida Divorce Professionals in Your Area:
Join the Network
Florida Divorce Products, Services and Solutions Florida Divorce Products, Services and Solutions
Florida Divorce Resources to Help You Through the Process.
Online Parenting Class Florida Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Florida Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
Florida requires an equitable distribution of the marital property (what is fair, not necessarily equal). Each spouse keeps the property and debts that belonged to them before the marriage. Each spouse also keeps any property received as a gift or inheritance, or any property that the spouses agree to divide in a written agreement. Any property that was acquired before the spouses married or that was received as a gift or inheritance is not considered marital property. If the spouses cannot come to an agreement, a court will divide the property and the debt.
Divorce Lawyers & Mediators

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for a Florida Divorce


Settle Your Divorce Negotiate Your Florida Divorce


Support Forum Florida Support Forum

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site