Infidelity in Divorce Supportive Counsel You Can Rely On

Infidelity and Divorce in Destin

Consult a Skilled Attorney from The Virga Law Firm, P.A.

Going through a divorce can be an emotionally exhausting experience. Divorces are particularly difficult where extramarital affairs are involved. When infidelity is a major contributing factor in the decline and dissolution of a marriage, it introduces an element of volatility to an already contentious situation.

If you are going through a challenging divorce, you stand to benefit from the professional advice of an accomplished attorney. At The Virga Law Firm, P.A. we have dedicated over 80 combined years to advocating for the rights of hundreds of individuals and their families in Destin. We take pride in delivering quality and compassionate legal representation with a personalized touch. Our legal team is committed to focusing on the humanity of your situation and giving your best interests a voice that cannot be dismissed out of hand by the court or your spouse.

If you would like to arrange an initial case evaluation with our lawyers, call The Virga Law Firm, P.A. at (800) 822-5170 today.

How Can Unfaithfulness Affect the Divorce Process

To effect a legally recognized divorce, the petitioner was previously required to allege a ground of fault on the part of their spouse, such as adultery. However, modern divorce law has repealed the fault requirement of the past. Under Florida law, a legal marriage may be dissolved based on the “irretrievable breakdown” of the marital relationship through no fault of the parties.

Although a showing of fault is no longer required to obtain a valid divorce, marital infidelity can still have a detrimental impact on other important aspects of the divorce. For example, extramarital affairs will likely preclude the possibility that the parties will use alternative dispute resolution methods which require the parties to put aside their differences. Infidelity has the capacity to inflame negative emotions and foster acrimony between spouses, making the prospect of conducting civilized negotiations very unlikely.

Worse yet, infidelity can aggravate divorce litigation by pitting spouses against each other in court as they battle to preserve their personal pride and dignity. As a result, divorce proceedings risk devolving into grudge-matches driven by an insatiable thirst for retribution, instead of a reasonable concern for their family’s best interest.

Courts may consider the fact of adultery to reach rulings that are adverse to the interests of the unfaithful spouse regarding:

  • Asset and property distribution
  • Spousal support
  • Child support
  • Child custody and visitation

Because Florida law uses principles of equitable distribution when dividing the spouses’ marital assets, courts can factor in a spouse’s history of engaging in extramarital relationships when determining the parties’ respective share of marital property and debts.

We Are Here to Assist You

Divorces that don’t involve infidelity already present spouses with the unenviable task of swallowing their emotions for the sake of reaching a fair compromise. However, extramarital affairs pose a unique risk to a divorce with the potential to frustrate any chance of settlement. If your spouse was unfaithful to you, you need an experienced attorney to advocate for your interests for asset division, support payments, and custody rights. On the other hand, if you had an affair, you may need a skilled attorney to help ensure you get a fair judgment that is free from undue prejudice.

To schedule a case evaluation with one of our attorneys, contact The Virga Law Firm, P.A. online today.

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