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Infidelity in Divorce

Infidelity & Divorce in Florida

Do I Have Grounds for Divorce in Florida?

While you do have to provide the court with a reason for your divorce, Florida is a no-fault divorce state. This means divorcing couples don’t need to prove that either party is responsible for the failure of their marriage. The state of Florida allows couples to divorce on grounds of “irretrievable brokenness” or the mental incapacity of one spouse for 3 years or more. You would cite irretrievable brokenness if your divorce is the result of infidelity.

Despite the fact that Florida is a no-fault state, infidelity could still affect the terms of your final divorce decree. If you and your spouse plan to go head-to-head over child custody and alimony, the court may factor in the reality of your extramarital affair(s) or other forms of infidelity.

Will Cheating Affect Child Custody?

It certainly can, though this is not a guarantee. The court assesses both parties in order to determine parental fitness. If the court deems you an unfit parent, your parenting time may be cut down to visitation and limited custody.

In determining parental fitness, the court evaluates each party’s relative morality and the impact their individual beliefs, decisions, and lifestyles are likely to have on the child in question. A court may determine a spouse who has engaged in illicit sexual behavior such as adultery is not morally fit to be the primary custodial parent.

As previously stated, this is not a guarantee of what will happen if you or your spouse has been unfaithful. However, you will need the help of a skilled lawyer in order to help ensure an unfaithful spouse is held accountable or prevent your own affair from injuring your chances at a desirable custody agreement.

(This is especially true if you are in a romantic relationship with someone other than your spouse during the time of your divorce. If this sounds like you, it is imperative that you consult with an attorney to protect yourself and avoid the classic pitfalls of dating during divorce.)

Will an Affair Affect Alimony and Property Division?

As with child custody, infidelity can certainly change the landscape of your divorce trial. Because alimony and property division are more about money and less about morality, the court is likely to consider the ways an affair has led to unethical use, misuse, or abuse of shared property and assets. A Florida court could determine that facilitating an extramarital affair with family money is a waste of shared assets. As such, the offending party could be required to pay more substantial alimony or given a lesser portion of shared property, as a punitive measure.

Worried that Adultery Will Negatively Impact the Outcome of Your Divorce? Call 800-822-5170 to Get Answers.

At The Virga Law Firm, P.A., we are here to help you navigate the complexities of divorce that can come up when infidelity is in the mix. Our aggressive attorneys are on your side, whether you are concerned that your own infidelity will hurt you in your divorce or want to hold an unfaithful spouse accountable for the damage done. In either case, you will need a skilled legal representative to help you work toward the outcome you want in your divorce.

Schedule your consultation with one of our skilled lawyers today.

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  • Associate Attorney, In Person, Panama City Beach Office

    Job Title: Family Law Associate Attorney Position

    The Virga Law Firm - Panama City Beach, FL

    Are You Ready for More Than Just a Career?

    We're not looking for just any lawyer – we're searching for an attorney committed to compassionate and excellent representation. If you're ready to make the practice of law both meaningful and rewarding, this opportunity could be what you've been waiting for. Join a firm where you're appreciated and part of a team dedicated to excellence.

    Who We Are

    The Virga Law Firm is a dynamic, high-growth family law firm dedicated to providing excellent legal representation and superb client care. Founded by Gerard Virga, who brings over twenty years of legal experience to the practice, our firm has established itself as a leader in family law throughout Florida. Our attorneys hold prestigious positions on various committees for the Family Law Section of the Florida Bar, demonstrating our commitment to shaping and advancing family law practice in our state.

    Our core belief is "Caring is Contagious." We understand that nothing is more important than family – it's the bedrock of our civilization and closest to people's hearts. When clients entrust us with their family law issues, we recognize it as the highest honor and responsibility.

    Each family is unique and requires specialized attention during the most emotionally trying times in their lives. Our mission is to protect our clients and their families, providing them with a strong new start to their lives. We achieve this by helping one family at a time through our multiple office locations throughout Florida.

    Who You Are

    The ideal candidate:

    • Is obsessed with achieving results for clients
    • Has a passion for family law
    • Excels at identifying crucial case details
    • Loves litigation and is comfortable in the courtroom
    • Takes pride in developing litigation strategies
    • Has strong negotiation skills with a compassionate approach
    • Thrives in fast-paced environments
    • Is committed to helping others and leading by example

    Minimum Qualifications

    • An active member in good standing with the Florida Bar
    • Demonstrated experience in family law
    • Proven history of passionate representation and client service
    • Excellent verbal and written communication skills
    • Proficiency in Microsoft Office (Clio knowledge is a plus)
    • Advanced knowledge in litigation and client relations
    • Mastery of Zoom video conferencing for court presentations
    • Ability to work independently and produce superior work product

    Key Responsibilities

    • Provide comprehensive legal advice and analysis to clients
    • Manage complex high-asset divorce cases
    • Handle parental responsibility and timesharing cases
    • Navigate cases involving domestic violence, substance abuse, and mental health issues
    • Represent clients in court proceedings and mediations
    • Draft legal pleadings, motions, and orders
    • Lead team members including Paralegals and professional staff
    • Maintain a fast-paced workload with attention to detail

    Benefits and Perks

    • Competitive compensation package based on experience
    • Dental and vision insurance options with family coverage
    • Progressive Paid Time Off:
      • One week per six months
      • Up to 80 additional hours accruing each pay period
      • Paid holidays and one flex holiday
    • Parental and bereavement leave
    • Paid continuing legal education, bar dues, and certification dues
    • Professional development opportunities
    • Supportive team environment

    Why Choose The Virga Law Firm

    • Unified company culture dedicated to success
    • Highly trained support staff including Paralegals and Discovery Specialists
    • Diverse caseload and full pipeline from day one
    • An environment that encourages innovation and creative problem-solving
    • Commitment to personal and professional growth
    • No-drama, no-judgment work environment
    • Strong focus on team collaboration

    Application Process

    Interested candidates should submit:

    • Current resume
    • Writing sample
    • Two letters of recommendation
    • Cover letter

    How to Apply

    1. Call our career hotline at 850-565-3426
    2. Submit required documents

    Additional Information

    The Virga Law Firm is an equal opportunity employer committed to building a diverse and inclusive workplace—A background check is required for final candidates. 

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  • "Gerard has been monumental to my case."
    Gerard has been monumental to my case. I recognized I needed an attorney who was committed to a positive outcome for my children and I. Gerard made himself available to answer all of my questions and concerns. I felt very comfortable working with the Virga Law Firm.
    - A Divorce Client
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  • "Fast and supportive service."
    The Virga Law Firm, P.A. was a blessing during my divorce. Always available for questions, they made the process fast and fair. No need to fight—they handled it all. I'd recommend them in a heartbeat.
    - Visi, A Divorce Client