Gainesville, FL asked in Divorce for Florida

Q: evidence husband has cheated the entire marriage, do you have to do marriage counseling during the divorce process?

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3 Lawyer Answers

A: In Florida there is no requirement for counseling. It is a no fault state for divorce. Speak with a local family lawyer for more specific advice.

Mr Eric Klein agrees with this answer

A: Florida law does not require parties to complete marriage counseling. Florida is also a no fault state, so unless your husband used a significant amount of marital funds in furtherance of his affairs, the fact that he was unfaithful during the marriage is not relevant.

A: I am so sorry that your husband has been unfaithful to you. Florida is what is called a no fault state so a divorce does not require that the divorcing couple go to marriage counseling although many do. Many couples go to counseling to both try to repair the marriage and to accept that the marriage is in fact truly over. In Florida to file for a divorce it simply requires that one of you has been a resident for 6 months in the state and that the marriage is "irretrievably broken" which means no one has to prove that anyone was at fault or is to blame. If during the cheating money was spent you may have a chance to have the court order your spouse to pay back half of that money in the divorce because technically half of it was yours. I hope this was helpful to you and hope that if you need anything further you do not hesitate to ask .

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