Cheating Spouse? How Infidelity Impacts Your Rights In A Tampa Divorce
Going through a divorce in Tampa is often a challenging and emotional process. This is particularly true in cases where infidelity is involved.
If you are thinking of filing a divorce petition, it is crucial to know how an affair might affect divorce-related matters such as property division, alimony, and child custody. Our experienced Tampa divorce lawyer explains how Florida law applies in these cases and the ways infidelity could impact the outcome of your case.
Florida’s No-Fault Divorce Law: What It Means When Infidelity Is To Blame For A Tampa Divorce
We live in what is considered a “no-fault” divorce state. This means you do not need to prove wrongdoing to file for a divorce in Tampa. Rather than fault grounds, all that is required under the Florida Statutes is to claim that the marriage is irretrievably broken.
However, adultery can become relevant in certain financial contexts, especially if it involves the misuse of marital funds. Ways infidelity may impact Tampa divorce proceedings include:
- If your spouse used marital property or assets to fund an affair, you may be entitled to a greater portion in a settlement.
- Their behavior may factor into alimony considerations, particularly if you sacrificed your career to support your spouse.
- Adultery that exposes children to harmful or unstable environments could factor into child custody arrangements.
- If your spouse’s affair is to blame for your divorce, you may be able to negotiate payment of your legal costs and court fees.
How To Protect Your Rights In A Tampa Divorce Involving Adultery
While adultery may not be grounds for a divorce in Tampa, it can still shape how a divorce unfolds, especially in areas like alimony, asset division, and time-sharing with children. If you are filing for a divorce through the Hillsborough County Family Court and your spouse is guilty of adultery, take these steps to protect your rights:
- Make a complete list of all marital property, assets, and debts;
- Gather statements showing the latest balance on financial accounts, including investments, 401 (k) or other retirement benefits, and digital currency;
- Gather evidence of the affair, including emails, texts, hotel charges, and statements from witnesses;
- Get professional legal help before signing any documents or agreeing to a divorce settlement.
In some cases, a cheating spouse may repent and seek a reconciliation prior to getting a final divorce order. While they may be sincere and genuinely sorry for their behavior, consider putting a postnuptial agreement in place to protect yourself if it doesn’t work out.
Contact Our Office To Speak With Our Experienced Tampa Divorce Lawyer
You do not need to specify fault grounds when getting a divorce in Tampa, but claims of infidelity can impact your legal rights in these proceedings. To protect yourself and get what you are entitled to in a divorce settlement, contact Bubley & Bubley, P.A.
Our experienced Tampa divorce lawyer provides caring support and professional legal guidance during this difficult time. Reach out to our office and request a confidential consultation today.
Sources:
leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.052.html
hillsclerk.com/court-services/family-law
