A significant portion of divorces begin with infidelity. When one spouse discovers that the other has cheated, they may not be able to continue the relationship.
Adultery destroys the trust between spouses. It can damage household finances and may even have health implications due to sexually-transmitted infection (STI) exposure. People who discover a spouse’s unfaithfulness may choose to file for divorce, and they may hope that the courts grant them justice as they end their marriage.
If there is proof of one spouse’s adultery, how much impact can infidelity have on divorce outcomes?
Florida only hears no-fault divorce cases
Some states allow for fault-based divorce proceedings brought on the grounds of infidelity. Florida only allows for no-fault divorces. Proof of infidelity is not necessary to file for divorce.
Additionally, proof of fault generally has minimal bearing on the outcome of divorce litigation. Judges do not consider general marital misconduct when dividing property or allocating time-sharing rights between parents.
However, if one spouse wasted marital income on the divorce, that could play a role in the divorce settlement. Debts accrued while committing adultery and funds wasted on an affair can constitute the dissipation of marital assets. If there is adequate financial evidence, judges can consider the wasteful use of marital resources or income for a purpose that ultimately damages the marital relationship as they divide the marital estate.
For many spouses, divorce does not provide the sense of vindication they desire after discovering infidelity. Instead of dwelling on the past, they may want to start thinking about the brighter future they can have after divorcing. Developing realistic expectations and focusing on the future is often the best approach for those who choose to divorce an unfaithful spouse.