When you first suspect your spouse is cheating on you, you may feel conflicted. Do you approach them about it? What are your legal options?
Cheating spouses are a nightmare to deal with, but you aren’t entirely at a loss. The first thing you should do is consult an Orlando divorce attorney. There are several things you can do if you suspect your spouse is cheating, even if you don’t have concrete evidence. You may not even be 100% certain yet, but that doesn’t mean you can’t get help.
Possible Options if I Suspect My Spouse Cheating
If you only suspect your spouse is cheating, the first step is to consult an attorney, and often, the next important step is to gather some evidence of your spouse’s infidelity. You can do this on your own, of course, but you can also hire a private investigator to do it for you. It’s almost always recommended that you hire someone else to do this, as the process can be draining both emotionally and physically.
You can hire private investigators that have specific experience working with infidelity. Alternatively, a general private investigator will still be able to do what you need them to.
Another reason to hire a professional is that your own evidence may not be as strong in court. While any photos or videos you take of your cheating spouse will be considered, having an unbiased source presenting the same information is typically a stronger argument in court.
Without proof of infidelity, you’ll have a more challenging time in court, which is why it’s highly recommended you take the time to hire someone and gather proof before presenting your spouse with a court date.
That said, it’s vital to first consult an attorney for legal advice before you embark on a journey of gathering evidence. Especially during such a time of high tension and emotions, confronting your spouse without solid evidence may hinder your case in the long run.
What Claims Can I Have Against My Cheating Spouse?
Adultery can impact the case for spousal support or alimony. When it has been proven that your spouse has cheated, their infidelity can hinder their alimony claim that they might be trying to secure. Alternatively, if you want to claim alimony from your spouse, it may help your case if your spouse has cheated.
How Does My Spouse’s Cheating Affect Custody of Our Children?
Infidelity may be a factor in custody cases, especially if your spouse continues to see the person they were caught cheating with. As all judges will rule differently, you can’t be certain that your children will be kept from your cheating spouse and their partner, but it can influence their decision.
Judges rule in the best interest of your children. For example, while one judge might feel it’s too early for your children to spend time with your spouse’s new partner, another judge might rule that it’s fine as long as all adults involved are cordial.
Can I Sue My Spouse’s Cheating Partner?
If you want to sue your spouse’s partner, you may be disappointed. While this is legal in some states, it is not legal in Florida, and you cannot sue them based solely on their role in your divorce or your spouse’s cheating.
Let Our Divorce Lawyers Help You Know Your Rights
When you suspect your spouse is cheating on you, it’s best to seek legal advice before you act. Speak with us and ask about the best course of action. Divorce is complicated, especially when it involves a new party so soon. Consult us to understand the legal implications of your spouse’s cheating and know that we are dedicated to helping you with the utmost compassion.
Emily A. Konicek brings 14 years of experience to your family law concerns. Emily excels at mediation, negotiation and litigation, and can help you pursue a course of action that helps you meet your goals for the future and for your family.
