Divorcing the Adulterating Spouse- Emotions and Tact when mentioning infidelity to the Court.

Divorce is often time filled with emotional turmoil.  Spouses are splitting up the property, the conversations can be heated, and at times children are thrown in the midst of this evolving chaotic environment. As an attorney I hear a variety of reasons attributed to the breakdown of a marriage. Often times finances, differing parental styles, general distain, and infidelity cause irreparable rifts in even the most stable marriages. Contentious spouses come into my office constantly waiting to bring up every flaw and every wrongdoing of the other party. While an attorney’s office may be the first place many clients feel they can unload the weight of the marriage dysfunction, the courtroom is also a common place clients want to unload this weight, even though it may be to their own detriment.
Although the goal for the angry spouse seems riddled with vengeful desires, a skilled attorney would utilize caution and tact before bringing up the allegations made between the spouses in open court. An attorney must exercise judgment and apply the statutory considerations to every situation that arises. Whereas, one spouse may find it important to mention to the court that since the separation the other spouse has begun dating or that one spouse is engaging in a same sex relationship. A skilled attorney knows that while both of these situations stir the emotions swirling around the divorce mentioning these facts to the court may not be of the utmost importance.
Florida is a no-fault divorce state. This means under Florida family law  if a party is seeking a divorce they do not have to prove specific grounds, other than that the marriage is “irretrievably broken”, for the court to grant the divorce. While the court may not care to hear of the other party’s indiscretions for the sake of deciding whether or not to grant the divorce, the court may be interested in these facts when considering other facets of the case. For example, the court may consider extramarital affairs and conduct of the other spouse when making a determination as to alimony and timesharing of the children. The court may consider a party’s extramarital relations if those relationships were conducted in a manner that caused harm to the child or marital funds were dissolved by the other spouse to maintain that extra-marital relationship.
While adultery tends to have a huge impact on the emotions and the motivations of parties seeking a divorce it should not be the talking point to each interaction with the court. Depending on the case, the court may not find the adulterous relationship relevant. It is of the utmost importance that the right attorney is assisting you through every step of your case. If an adulterous relationship is involved or if the conduct of your spouse brings cause for concern contact Wood, Atter & Wolf, P.A. for a consultation to discuss your options with moving forward with a Florida  Dissolution of Marriage.

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Autumn Warner is an Associate Attorney at Wood, Atter & Wolf, P.A. She has cultivated her practice in evaluating and applying Florida statutes to a variety of Family Law issues to aid in the zealous advocacy of her client’s interests.