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Does Adultery Serve As Grounds For Divorce In Tampa?


Many spouses choose to request a divorce due to an adulterous act committed by their spouse. Being aware of whether or not this act is grounds for divorce can, and will, assist one in obtaining a divorce.

Does Adultery Serve As Grounds For Divorce In Tampa? 

The simple answer to this question is “Yes.” But, at the same time, “No” is also a valid answer, for the following reasons: Florida is a no-fault state, when it comes to matters of divorce.

With the above in mind, no-fault divorce is a form of divorce in which a couple can say that the marriage is broken – or, in turn, some other, related, phrasing – allowing that couple to divorce one another.

Since the state of Florida is a no-fault divorce, a spouse does not need to provide grounds that justify the act of divorcing their current spouse. And, for this reason, adultery is not, technically, grounds for divorce, as there does not need to be any grounds for divorce for a spouse to obtain a divorce.

Even though the above is true, adultery can affect other facets of the divorce process. One of these facets is property division and determining which spouse gets which assets. This brings us to the next section…

How Does Adultery Affect Property Division? 

All throughout the divorce process, the two divorcing spouses, as well as the court, will consider the ways in which marital property can be, and should be, divided.

A wide variety of factors are considered, when it comes to matters of property division. One of these factors, though, is the contribution that each spouse has made to the marriage.

Some spouses choose to cheat on their spouse and this act can be considered a “negative contribution”.” This is especially true if the other spouse was at home raising the children or actively contributing to the marriage.

Given the facts outlined above, if one spouse was cheated on, then the court may choose to grant the other spouse a greater portion of the marital property that is being divided.

With all of that being said, though, this is not always the case and, as such, adultery is not a guarantee that the spouse who didn’t cheat will get more marital property than the other spouse.

Can Adultery Affect Child Custody? 

Outside of affecting property division, adultery can also affect the child custody arrangement that is developed between the divorcing spouses.

A spouse who has been cheated on can use those acts of adultery to suggest that the other parent is unfit for a particular custody arrangement. Doing so doesn’t always guarantee a more favorable child custody arrangement, but it can sway the court to a particular decision.

Outside of the above, adultery is often considered a sign that one parent may not put their children – or, in turn, the other people in their life – over their own self-interest.

Speak With A Tampa Divorce Lawyer 

If your spouse has cheated on you, then you can obtain a divorce. Speak with a Tampa divorce lawyer at Westchase Law, P.A. and we will assist you in obtaining a divorce and the best possible post-divorce outcomes.




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