Filing For Divorce In Fort Lauderdale Due To Adultery Or Addiction
Ending your marriage and filing for a Fort Lauderdale divorce is painful under any circumstances. However, when adultery or addiction is to blame, it can be particularly devastating.
Your spouse’s behavior is more than just hurtful. It can jeopardize their rights in Broward County divorce proceedings. Our experienced Fort Lauderdale divorce lawyer provides the caring support and fierce legal representation you need during this difficult time. Find out how the Florida Courts view adultery and addiction, and how to protect your rights.
How The Broward County Court Views Adultery in a Divorce
As a no-fault divorce state, you do not need to prove wrongdoing to file for a Florida divorce. However, that doesn’t mean that your spouse’s behavior is irrelevant.
Under Section 61.08 of the Florida Statutes, courts consider a spouse’s infidelity and the circumstances surrounding it when determining alimony. If your spouse used marital funds to have an extramarital relationship, a judge can also factor that into equitable division. Here’s how it can affect the outcome of a Fort Lauderdale divorce:
- Courts can reduce the cheating spouse’s share of marital assets to compensate for funds wasted on the affair.
- Adultery can influence alimony decisions when it contributed to financial harm to the marital estate.
- Judges consider a parent’s moral fitness, which can include adulterous conduct, when making child custody decisions.
- Evidence of the affair, including financial records, messages, and witness accounts, can support your claims in court.
Keep in mind that if you have a valid prenuptial or postnuptial agreement, it can significantly change the financial outcome.
How Addiction Affects Fort Lauderdale Child Custody, Support, and Property Division
Addiction introduces a different set of concerns into a Florida divorce. Under the Florida Statutes (Sections 61.08 and 61.075), courts can adjust both alimony and property division when one spouse’s substance use has drained marital finances. Addiction also carries serious implications for child custody.
To protect your rights in a Fort Lauderdale divorce involving adultery, addictions, or both, take these steps:
- Document money spent on an affair or addiction, including bank statements and credit card records.
- Keep a written record of incidents where your spouse’s behavior impacted your child.
- Request drug and alcohol testing through the court if you have credible concerns about your spouse’s substance use.
- Preserve all communications that demonstrate harmful behavior, including text messages, emails, and social media posts.
Acting quickly when dealing with adultery or addiction and documenting everything is the best way to protect yourself and your rights in a Fort Lauderdale divorce.
Consult Our Experienced Fort Lauderdale Divorce Lawyer Today
If your spouse is guilty of adultery or addiction, it can impact what you are entitled to in a Fort Lauderdale divorce settlement. At Vanessa L. Prieto Law Offices, we provide caring support, fierce legal representation, and protect your rights throughout the divorce process.
To get what you are entitled to in a divorce settlement, call or contact our office. Request a confidential consultation today with our experienced Fort Lauderdale divorce lawyer to discuss your case.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
flsenate.gov/Laws/Statutes/2018/61.075
