Law

Effect of Adultery on Florida Divorce Case

2/15/2017 Dhanur Chauhan 0 Comments

Since 1971, the laws related to divorce in Florida has followed a “no-fault” system. Unlike before, today there are only two major grounds on which you can divorce your partner. Earlier there were 9 divorce grounds to file divorce and adultery was one of them.

The two basic grounds today on which a couple can take divorce are: a) if the marriage is broken down irretrievably b.) At least for three years the spouse is declared as incompatible, mentally.

Today adultery is not considered as a major ground to take divorce but, a trial court may consider infidelity on the basis of proven fact as a decision making factor for divorce.


Once there was a case with a divorce attorney in Boca Raton in which a husband and wife filed for divorce after 11 years of marriage. The husband presented a good evidence regarding wife’s adultery while the trial session. The court took that evidence into consideration and issued its ruling on alimony and equitable distribution on the basis of that evidence. The alimony that was awarded to the wife was for a period of 10 years.

The husband then argued that the court did not consider the evidence properly while creating the alimony award. According to the husband, the court should have denied any the wife alimony as he had already presented wife’s infidelity proof.

After this the appeal court upheld the trial court’s decision and considered the evidence provided by the husband. It concluded that trial court s should also consider the spouse’s infidelity evidence while deciding the alimony.

Section 61.08(1) of the Florida Statutes tells you about deciding alimony in case of adultery.


Well, the court should always consider the requesting spouse’s need and the “ability to pay” of the spouse who has to give the alimony. This fits well on any case whether the spouse was faithful or not.
Taking divorce on any ground is always painful and full of trauma. It becomes worst when you have to decide the child custody. Couples should try to sort out their lives, if possible. If there are no chances of improvement, it is always better to take divorce and leave your partner rather than being in a depressing relationship.

Boca Raton has good divorce attorney that help you well in getting out of a bad relationship. You can call on their contact number to fix your appointment. You can easily get their contact numbers from their website.