Our state has what is known as a "no-fault" concept of divorce. This means that the court will not generally take into consideration either party's infidelity or failure to adhere to the terms of the marital contract. It will simply consider the divorce based on one or both party's desire to end the marriage. There are only two grounds for divorce here in Orlando and throughout the state. One of these is that the marriage has become irretrievably broken and the other is based on the fact that one of the parties has become mentally incapacitated. An affair is not something the court is likely to consider when determining alimony and the equitable distribution of marital assets.
There are certain circumstances however, in which an affair may have an impact on divorce proceedings. For example if you are able to prove that your spouse misappropriated marital funds for the purpose of buying gifts and property, or helping to financially support the individual he or she was having an affair with, the court may be willing to take that fact into consideration when determining how to divide marital assets. In cases such as these you could have the right to obtain up to 50% of the marital funds your spouse used to finance his or her affair.
To improve the ability to protect your interests and obtain a truly equitable division of assets, based on all the facts, we strongly recommend you call an Orlando family attorney at Richard A. Heller, P.A. right away. For more than 20 years the attorneys at our firm have been defending the rights of our clients and providing them with the legal representation needed to obtain the most optimum resolution in divorce and other family law proceedings. We take pride in being steadfast advocates on behalf of our clients and we look forward to providing you with the legal representation that can help you obtain the outcome you seek.