What It Means When You Are At-Fault In A Divorce
Going through the breakup of a marriage is always painful. It can be particularly difficult and heartbreaking to deal with when your actions are in some way to blame. We all make mistakes but marital conduct can have a major impact on divorce proceedings in Fort Lauderdale. Find out what you need to know to protect yourself in this situation.
Fault Grounds In Divorce
In some states, there are what are known as ‘fault grounds’ for divorce. These are actions (or in some cases, inactions) on the part of one of the spouses that contributed to the breakup of the relationship. They can be detailed in a divorce petition and serve as justification in seeking a final divorce order.
Under the Florida Statutes, divorce grounds are not applicable in terms of being able to get a divorce. The only thing required in filing for divorce in Fort Lauderdale is irreconcilable differences between the parties involved. However, marital misconduct or fault grounds can play a part in divorce proceedings, impacting your rights in any settlements. Examples of common types of marital misconduct that may play a role in your divorce include:
- Criminal conduct and convictions;
- Domestic violence and allegations of abuse;
- Inability or unwillingness to engage in sexual relations with your spouse;
- Mental cruelty;
- Untreated addictions, such as alcohol, drugs, and gambling.
Marital Misconduct and Divorce In Fort Lauderdale
While allegations of marital misconduct are not required to file for a divorce through the Broward County Court, they can impact your divorce proceedings and should be discussed with our Fort Lauderdale divorce attorney immediately. Areas that may need to be addressed include:
- Marital property and asset division: Marital misconduct can impact your rights regarding any marital property settlements. This is particularly true if your actions resulted in financial losses, such as spending money on affairs or selling items to fund an addiction.
- Spousal support: If you make significantly less than your spouse or sacrificed your own career or education for the sake of the marriage, you may be entitled to spousal support in Fort Lauderdale divorce proceedings. However, the judge could end up denying your request if your spouse makes allegations of marital misconduct and has evidence to support their claims.
- Child time-sharing: Regardless of any mistakes you may have made during your marriage, you still have parental rights when it comes to children from the relationship. However, accusations of criminal activity, addiction, or abuse could be seen as putting the child at risk and will likely be a factor in making child time-sharing arrangements.
Let Us Help You Today
We all make mistakes. Unfortunately, this could be an issue when filing for a divorce in Florida. To protect your rights in this situation, get our experienced Fort Lauderdale divorce attorney on your side. Give us a call or contact the office of attorney Vanessa L. Prieto online today and request a confidential consultation to discuss your case.