By now, everyone has heard the term, "hiking the Appalachian trail," and found that when uttered by South Carolina Gov. Mark Sanford it really meant heading down to South America to have a 5-day tryst with the mistress. Gov. Sanford mysteriously disappeared in late June - Father's Day weekend, to be precise. After lying about his whereabouts at first, Sanford eventually confessed to having an extramarital affair with his Latin lover, Maria Belen Chapur, a woman he later described as his "soul mate." The governor also admitted to "crossing lines" with other women.
South Carolina Gov. Mark Sanford is not contesting his wife's divorce petition, admitting in his court filing that he committed adultery and asking a judge to end the couple's 20-year marriage. His estranged wife, Jenny Sanford, filed for divorce. She said she and the Republican governor could not reconcile after he vanished mysteriously in June and then publicly admitted having a yearlong relationship with a woman in Argentina. A final court hearing is slated for February.
Does having an affair matter in a Florida divorce? The answer is "not really." It only makes a difference if the adulterous spouse has spent marital money on the paramour. That means that if your Husband or Wife has a extra-marital affair and they buy that other person jewelry, or go on expensive vacations, or lavish purchase gifts - you can ask the court to reimburse you for what was spent on the "other person." Gifts, trips, apartment rent, car payments, and dinners for one's "friend" are all a waste of marital assets. The court may reduce the adulterer's share of martial assets to compensate a spouse for this waste of assets. Florida is a no-fault state meaning that if your spouse is having an affair, there is no extra compensation to the non-cheating spouse for the bad behavior of the other spouse.
One place that the affair may have some impact is in custody issues. In child custody fights, a the court is allowed to consider the "moral fitness" of a parent seeking custody under Florida Statute 61. This "moral fitness" allows for the 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 effect or impact on the child. However, while adultery is not a bar to custody, it may have an impact and would require an evaluation of the adulterer's conduct and the surrounding circumstances to determine the impact on the child.
If you have been considering divorce, we can help guide you through the difficult financial and emotional aspects of the process. To talk to us about your case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your consultation today.
