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Establishing fault in a divorce is only necessary in a few states. Florida is not one of them. The State of Florida and Palm Beach County is a ‘No Fault‘ State. This means the court needs no establishment of fault but only needs one party to state that the relationship is irretrievably broken.
Most often the desire to determine fault is to make a case for alimony, child custody, or property division. While the No Fault Divorce status doesn’t change, the reason for the divorce and evidence of an affair can affect these areas. In child custody the judge will be looking at moral fitness and if the adultery wrongfully harmed the child. As well, if the adulterer chose to waist marital assets on behalf of the affair with evidence provided, the Judge can award a greater sum to the affected spouse of property as opposed to the typical 50/50 split of assets. In the case of alimony the judge must see that the alimony is necessary due to the adulterous conduct.
Ultimately these cases are best handled by a qualified family law attorney who can help to guide either spouse through the proceedings. When emotions are high trust your case to Geoffrey Burdick at James N. Brown PA.