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2 ways to address adultery issues in your divorce negotiations

On Behalf of | Sep 15, 2022 | Divorce

Few marital situations cause as much contention and bad blood during divorce proceedings as adultery. Despite taking an oath to be faithful, some people simply cannot resist temptation. It is a devastating breach of trust to learn that your spouse has an extramarital relationship.

If you have decided to file for divorce after learning about your spouse’s infidelity, you likely want both a fresh start in life and also justice for their betrayal. What are some of the practical ways that you can address marital infidelity in Florida divorce proceedings?

Prove the dissipation of marital assets

The equitable distribution standard in Florida requires a fair division of property. In situations involving infidelity, you could ask that the judge factor in the misconduct of your spouse.

You can also ask them to consider the money that your spouse spent on hotel rooms, restaurants and gifts. Even the cost for their second cell phone, which they may have maintained for years, could also be a financial expense that you ask the courts to factor into property division decisions.

For some couples, the total amount spent on extramarital affairs could be thousands of dollars. The more resources your spouse wasted on their affair, the bigger the potential impact that spending may have on the outcome of property division matters.

Keep your kids away from unethical people

Years ago, judges might consider infidelity a sign of someone being an unfit parent, but that time has long since passed. A judge is unlikely to limit one parent’s time with the children simply because they were unfaithful in the marriage.

However, you can ask to include the right of first refusal for parenting time matters. That way, your ex has to reach out to you when they cannot be physically present with the children. Such inclusions can effectively prevent your ex from leaving the children alone in the care of their affair partner.

For the most part, divorce court is not a place for you to litigate your spouse’s infidelity. You can waste a lot of money and emotional energy seeking impossible outcomes. Focusing on what is best for you and the rest of your family can be a better approach when filing for divorce because of adultery.