No Fault Divorce: Does adultery matter in Florida divorce?
Florida is a “no fault” divorce state. This means that either party may seek a divorce without a showing of cause. The spouse seeking a divorce simply needs to state that the marriage is “irretrievably broken”. Who broke it or played the greater role in breaking it is not relevant. The “irretrievably broken” standard relieves the court of the complicated duty of deciding who is at fault, and the parties to the marriage are spared a very contentious court battle. Nevertheless, the adulterous conduct of one spouse can impact other important issues raised in a divorce. In child custody battles, for instance, a court considers the “moral fitness” of a parent seeking custody. This “moral fitness” question opens the door for an introduction of the parent’s adulterous behavior. According to the courts, the critical question is whether the adultery had or is reasonably likely to have an adverse impact on the child. Accordingly, adultery, while not in and of itself a bar to custody, requires an
