Adultery, Divorce, Now What?


Adultery in Florida

Whoever said marriage was easy obviously never thought their spouse could be committing adultery. Maybe it’s all his late nights at the office since that Carmen Electra circa 2001 lookalike started as his intern (not real sure when tube tops became acceptable office attire?!) or that you have a sneaking suspicion her suddenly renouncing cheeseburgers in favor of a “clean diet” has more to do with Javier the “genius yogi” than any awakening to her inner compassion (pretty sure the last time you saw that spark in her eye it involved Stella McCartney and a sample sale). Whatever it is, you’ve succumbed to the assumption that your significant other has cheating on the brain and you can’t shake it. So now what??

A wise man once said if you go looking for trouble, you’re probably going to find it. But this, like every thought you once believed to be rational, has been thrown out the window. Now, you’re focused on catching that good for nothing scumbag red-handed. But how? As a Fort Lauderdale Family Law Attorney, I have seen it all. Private investigators, devices on cell phones to intercept calls, GPS devices that track Mr. or Mrs. Wonderful’s every move in real time; all to discover an act of adultery. And the typical result of playing McGyver? Disaster.


Adultery Laws

Most of the time, evidence arising out of utilizing these spy devices is inadmissible. Protections range from the federal Wiretap and Security of Communications Act to the right to privacy protected by that little gem of a document, the Constitution. Beyond issues of privacy, because Florida is a no-fault divorce state, the fact that one party is worthy of brandishing the scarlet letter is most often irrelevant. Marital misconduct  only comes into play if one party can prove that the other dissipated marital assets on the affair, thus effectuating a foundation for an unequal distribution of the marital estate.

So all that time and money wasted on finding out the sordid details of their dangerous liaison is just that. Not to mention the psychological trauma you are subjecting yourself, and your kids, to. That wise man I alluded to before had another pearl of wisdom you may find of interest, hell hath no fury like a spouse scorned (or something like that). As I have stated in previous blog entries, divorce is best viewed as a business transaction. The bitterness and anger that stem from knowing the details of your spouse’s affair is most likely going to end up costing you more than it’s worth.

If you have suspicions that your spouse is committing adultery, a qualified family attorney can educate you on how to use the information to your advantage. We understand the complexity of situations like this and are here to listen and guide you through the muddy waters of divorce. It’s situations like this where you don’t just need an advocate, but a counselor as well.


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