Robert Sparks Attorneys of Tampa provides strong legal protection for those going through a divorce in the Tampa area. An affair that leads to divorce is a sad outcome. However, Florida is a no-fault state, so it doesn’t mean that an adulterer will get any less in divorce proceedings. But knowledge of an affair can affect certain decisions that will have to be made during a divorce.
Contact Robert Sparks Attorneys to schedule a divorce consultation when you have questions about how an affair may affect the terms of a divorce. No matter where the blame lies, we demand the most for our clients in divorce negotiations. We also fight aggressively on our client’s behalf when divorces must be settled in court.
How Does an Affair Affect My Divorce?
As mentioned above, Florida is a no-fault divorce state. It means that when it comes to divorce, the Florida court system doesn’t really care who or what causes it in most cases. The court system would likely have an impossible task if they tried to untangle the emotionally charged factors that lead to divorce. Sometimes couples aren’t even sure why a marriage failed.
With a no-fault policy, it’s not likely that someone who cheated on a spouse would be “punished” for their actions when it came time to divide up marital assets. Generally, fault wouldn’t be considered when deciding who gets to keep a house and how retirement savings will be distributed.
However, if a divorce must be settled in court by a judge, the judge may take certain factors into consideration that might affect the balance of a divorce settlement.
These and other concerns may affect divorce proceedings if an affair is involved:
- Assets spent during an affair. A judge may be presented with evidence that one spouse bought someone expensive gifts or gave them money during an affair. It may be decided that the money spent was, in a way, taken from the other spouse. That money may come out of any assets the person who had the affair gets to keep in the divorce.
- Spousal support. Those gifts and benefits provided to an extra-marital partner may be used as evidence that assets were actively taken from a spouse. A judge may view this as a good reason for the cheating spouse to continue to provide support after the marriage ends.
- Child Custody. Judges consider moral character when deciding which spouse children will live with. They may view a dishonest lifestyle or an affair that involves a lot of lies as evidence that children would be better off with the other parent. A judge might also have a hard time imagining the cheating spouse’s home life as a stable and suitable environment for a child.
These conclusions may be accurate, or they may be a judge misjudging a situation. In either case, you can’t leave your divorce outcome to these unpredictable factors. If you are going through a divorce under similar or different circumstances, it’s critical to have a skilled Tampa divorce lawyer on your side. Partners wrapped up in a divorce that includes infidelity need to protect themselves for their own sake and the sake of their children.
Contact a Tampa Divorce Lawyer
At Robert Sparks Attorneys, we are protective of our clients and we get aggressive to secure what’s fair for them. We stand beside our clients through the most emotional and difficult divorce battles to make sure they emerge victorious.
If you are considering a divorce in the Tampa area, please give our Tampa divorce lawyers a chance to safeguard your interests. Contact us for a no-obligation consultation on your divorce and find out what you should be demanding during your divorce proceedings.