Adultery Laws in Florida: Grounds for Divorce?

A petition for Dissolution of Marriage in Florida must state the adultery laws in Florida that give a person the grounds for divorce. Florida is a “no fault” divorce state, which means that all either spouse must do in order to have grounds for divorce is to affirm that the marriage has been damaged by irreconcilable differences. No proof is needed that the other spouse did anything wrong to get a divorce in Florida.

How Adultery Laws in Florida Affect Maintenance and Alimony

Along with many other states in the USA, Florida has totally eliminated any sort of fault as grounds for a divorce. It is thought that this law is less harmful not only to the spouses involved, but to any children they may have as well. The current adultery laws in Florida were drafted in order to determine how accusations of adultery are handled during a divorce. According to Florida Statutes 61.08, the state court of law is allowed to consider both spouse’s adultery and the circumstances surrounding it in order to figure out the correct amount of alimony, if any, that will be awarded during the divorce.

Relative Factors Adultery Laws in Florida Can Effect

In order to determine the proper amount of alimony or maintenance, Florida courts consider all economic factors that are relevant to the case. These include but are not limited to:

  • The standard of living that the couple created during the marriage
  • The amount of time the marriage lasted
  • The physical and emotional state of each spouse
  • The age of each spouse
  • The monetary assets of each spouse
  • The marital and the non-marital assets and liabilities dispersed to each spouse
  • The length of time that is required for either spouse to attain adequate training or education that will permit them to locate suitable employment, if necessary
  • The role each spouse played in the marriage, which includes but is not limited to any service provided such as keeping of the home, care of children, education and occupational building of the other spouse.
  • The source or sources of income for each spouse

Why You Should Speak to an Experienced Florida Attorney

Divorce can be a stressful experience for both parties concerned as well as their family members. A family law attorney can answer any questions you may have about obtaining a divorce in Florida.

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