Is florida a no fault divorce state and can a husband get custody of a child and not pay alimony if wife is cheating

Asked over 4 years ago - Miami, FL

is florida a no fault divorce state and can a husband get custody of a child and not pay alimony if wife is cheating

Attorney answers (2)

  1. Earl Kenneth Mallory

    Pro

    Contributor Level 16

    Answered . Florida is a no-fault state. However, the judge may consider infidelity as one of the factors in setting alimony, along with length of marriage, need and ability to pay, to name a few. As to custody, the judge is concerned foremost with the child's best interest. Unless you spouse is extremely promiscuous, or is having sex in front of your child, or exhibiting other egregious behavior, you and she, under the law are on equal footing as far as the child goes. By the way, there is no longer a "custodial parent." The court will set, or you and your wife will agree upon, a "parenting plan."

  2. Stanton L. Cobb

    Contributor Level 14

    Answered . Florida is a no-fault state meaning only that no fault is required to obtain a divorce. Adultery may be considered in determining alimony issues but only if there is some financial connection between the adultery and the family's financial condition. I agree with the previous answer on the parenting plan issue as the question is whether and how does the adultery affect the child.

    This is for informational purposes only and is not legal advice upon which anyone should rely. Nor does it create any attorney client relationship.

    Stanton L. Cobb
    Board Certified Marital & Family Law Specialist
    Fellow - American Academy of Matrimonial Lawyers
    P.O. Box 149223
    Orlando, FL 32814-9223
    Tel. (321)972-4643
    Fax (407)374-2499
    email stancobb@flfamilylaw.com

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