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Is Adultery Grounds for Divorce in Florida?

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Every married couple goes through difficult times. The stress of work, bills, children, and other responsibilities can put a strain on even the strongest relationships. However, when one spouse is caught with someone else, most couples seek divorce.

No-Fault Divorce

Florida is a no-fault divorce state, which means that you do not need to provide evidence that your spouse committed a wrongdoing, like adultery, to get a divorce. Divorce law in Florida only allows for two grounds to approve a divorce:

  • Irretrievably Broken – This is a common basis for divorce which essentially means that the relationship is damaged beyond repair with no reasonable future where that could change.
  • Mental Incapacity – This is a rare scenario where a spouse has been mentally incapacitated for a period of at least three years. The abled spouse would need to attach the court’s “Judgment of Incapacity” to the divorce filing.

How Does Adultery Affect Division of Property?

In the state of Florida, adultery is considered a factor that may be taken into account when dividing assets during a divorce. While the act of adultery itself is not necessarily relevant to legally obtaining a divorce, it can be used as evidence to show that one spouse has acted in a way that is detrimental to the marriage.

For example, if one spouse has an affair and uses marital funds to support their lover, this could be considered evidence of financial infidelity. Adultery can also affect child custody arrangements, as it may be used as evidence that one parent is unfit to care for their children.

How to Start the Divorce Process

To begin the divorce process in Florida, either spouse must file a Petition for Dissolution of Marriage with the clerk's office of the circuit court in the county where they reside. Once the petition is filed, it must be served to the other spouse along with a summons. The summons will notify the other spouse that they have 20 days to file a response to the petition. If they do not respond within 20 days, the court may grant a default judgment.

Jacksonville Divorce Attorneys

Owenby Law, P.A. is dedicated to providing high-quality legal services to our clients. We understand that going through a divorce can be a difficult and emotionally trying time. That is why we are here to help. Our experienced divorce lawyers will work with you to ensure that the process is as smooth and stress-free as possible.

For a free initial consultation, fill out our form online or call us today at (904) 770-3141.