Learning your partner has had an affair or has cheated on you can raise all kinds of emotions. You might be struggling with anger, sadness, jealousy, and fear about what the future might hold. Your first inclination might be to file for immediate divorce. However, it is important to remember that the decisions you make during your divorce can impact your children and your financial life for years to come. Take a deep breath, reach out to a divorce lawyer like the Aikin Family Law Group in Orlando, Florida, and learn about what next steps you can take.
Florida is a “no fault” divorce state, meaning that in order to file for divorce, couples only need to show that the marriage is irretrievably broken. Adultery or a cheating spouse can certainly lead to the end of a marriage. However, if your partner has had an affair or cheated on you, this can potentially impact other aspects of your divorce settlement. How? The Aikin Family Law Group are divorce attorneys in Orlando, Florida who can review your case, help you understand your rights, and evaluate how your partner’s behavior might impact your divorce settlement.
Ways Cheating Can Impact Your Orlando, Florida Divorce
While adultery, or cheating, in and of itself, won’t generally have an impact on matters of alimony, child custody, or division of assets, there are special circumstances where a cheating partner can impact these aspects of a divorce settlement. How? The Aikin Family Law Group are divorce attorneys in Orlando, Florida who can look at your partner’s behavior, look at your situation, and help you understand how cheating might impact your divorce. Here are some ways that an affair or adultery can impact a divorce agreement:
- Dissipation of Assets. If your partner spent marital funds to take his or her latest fling on a date, on vacations, or used marital assets to buy gifts to woo a new partner, this could be considered “dissipation of assets.” If your partner spent your marital money on someone else, you may be entitled to recoup this money in a divorce settlement. However, determining dissipation of assets can sometimes be challenging. First, your divorce lawyer will need to differentiate between marital property and funds and separate property and funds. For example, you might not be able to make a dissipation of assets claim if your partner let his or her new fling stay in a home he or she had purchased prior to your marriage (this was your partner’s property). But, if your partner spent money from a shared bank account to buy his or her new fling a plane ticket to the Bahamas, you may have a case. Determining how much money was spent on an affair can be a tedious process. This is why it is important to have a family lawyer on your side, like the Aikin Family Law Group in Orlando, Florida.
- Child Custody. While an affair generally won’t impact matters of child custody, if your partner’s new partner is violent, is abusive, does drugs, or if you are concerned about the safety of your children around this person, this could have a serious impact on your child custody agreement. In cases where there is no adultery, generally divorcing couples will set down ground rules about when children can be introduced to new partners, how these introductions will happen, and when. If your partner already has a new partner, this can complicate matters significantly. The Aikin Family Law Group is an Orlando, Florida divorce lawyer who can review your situation and help you draft a child custody agreement that will be in the best interests of your children.
- Generally, adultery won’t impact alimony, but if your partner’s actions caused emotional distress or if a violent new partner physically harmed you, this could potentially impact your ability to work and your needs after the divorce. The Aikin Family Law Group are divorce attorneys in Orlando, Florida who can help you understand your options and rights when it comes to alimony.
These are just some of the ways in which cheating can impact divorce. Every divorce case is unique. In some cases, adultery won’t have any impact on the divorce, while in other cases, adultery might have a major impact on the divorce. Contact the Aikin Family Law Group, divorce lawyers in Orlando, Florida today to learn more.
Filing For Divorce After an Affair?
If you or your partner had an affair, this can complicate your divorce significantly. The Aikin Family Law Group is a divorce lawyer in Orlando, Florida who can help you navigate this painful time. Regardless of whether you are the one who had the affair or the one cheated on, the aftermath of discovering an affair can be devastating to the family dynamic. Having a family lawyer on your side to help you navigate these challenges can be helpful. USAttorneys.com may be able to connect you with the attorneys at the Aikin Family Law Group today.