Florida no-fault divorce: Strictly speaking, infidelity is irrelevant

February 08, 2013 (Press-News.org) Florida no-fault divorce: Strictly speaking, infidelity is irrelevant

Article provided by Beth M. Terry, P.A. Visit us at http://www.bethmterrypa.com

Finding out that a spouse cheated can be a shock, and infidelity is a factor in many divorces. Even if adultery is the reason for a split in Florida, however, one does not need to prove it in order to get divorced.

No-fault divorce in Florida

Florida is one of many states with a no-fault divorce rule. This means that an individual does not need to prove fault by the other spouse as the basis for a divorce. Instead, to dissolve a marriage in Florida, a spouse must prove that the marriage is "irretrievably broken." Other criteria also must be met to get a divorce in Florida, such as the requirement that one spouse must have been a Florida resident for six months before the divorce petition was filed.

Florida marital property division

One of the biggest issues in divorce is the division of property. Florida follows a rule of equitable distribution regarding marital property, so a couple's property is divided between them in what is intended to be a fair and just, but not necessarily equal, manner. In some cases, use of marital assets, or incurrence of marital debt, for an extra-marital affair may provide an unequal distribution in favor of the non-cheating spouse. However, in general, it is best for the couple if they can reach an agreement themselves as to how their property and debt will be divided. If they cannot agree, a judge will make a decision for them, according to the principles of equitable distribution and several factors, including:
-The duration of the marriage
-The contribution of each person to the marriage
-The financial circumstances of each individual

Alimony in Florida divorce

In addition to property division, alimony is another common issue in divorce. There are several types of alimony in Florida, which may be awarded depending on the spouses' circumstances. A judge may award alimony to the husband or the wife, depending on several factors that include:
-The duration of the marriage
-The age and physical and mental conditions of each individual
-The standard of living established during the marriage
-The financial resources of each individual
-The earning capacity and employability of each person
-The contribution of each person to the marriage
-The child-rearing responsibilities of each individual
-The tax implications of an alimony award

Of course, each property division or alimony award is unique, depending on the details of the couple and their circumstances. If you are considering getting divorced in Florida, contact an experienced family law attorney for information and guidance specific to your situation.