Florida Divorce Attorneys

Florida divorce law is modeled after the no fault approach. Under this methodology a divorce may be permitted even if no party is at fault for the marriage troubles.  For example, Florida family law does not demand adultery to be alleged when petitioning for a divorce. Florida divorce law only requires the petitioning spouse to testify that the marriage is irretrievably broken. However, under some conditions the Florida family law court will bear in mind adultery when adjudicating alimony payments. If you or your spouse committed adultery you should seek an experienced Tampa divorce attorney for legal aid. The adultery may have a large effect on the amount of alimony payments awarded. On the other hand, depending on the facts of the adultery it could be completely inconsequential to the Florida family law court’s judgment. The evidence supplied by the Tampa divorce lawyer will often be the difference between an adultery having a sizable impact and none at all on the amount of alimony awarded.

The Florida Alimony rule says, “The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.” However, the large majority of court determinations unambiguously state that the crucial criteria considered by the court will be the spouse’s need for alimony and the other spouse’s capacity to pay the alimony. In order for the Florida family law court to give alimony based on the adultery, the adultery must have produced a financial loss to the innocent spouse. A knowledgeable Tampa divorce lawyer will usually argue that the adultery caused a depletion of family resources, and thus a larger amount of alimony should be given to the innocent spouse.

Adultery will typically not be a sizeable aspect in the court’s deliberation of alimony. In order for the adultery to be relevant the Tampa divorce attorney must show that the adultery created a financial loss to the innocent spouse’s interest in the marital funds. For legal advice on whether an adultery may have an effect on the courts determination of alimony payments call the Tampa divorce attorneys at Florida Law Group. One of our experienced Tampa divorce lawyers will be happy to answer all of your questions during a free, secure consultation.

Originally published here.

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