Call Today, Toll Free: The role of adultery has diminished over time in Florida divorce cases. Florida is a no-fault state and therefore adultery does not affect most decisions.
If the adulterer spends marital funds or uses marital assets in the course of their behavior β that will affect the decision of the court. Adultery can also impact custody and alimony decisions. The reasons why a marriage fails and the parties divorce are numerous. However, this does not mean that the actions of the parties prior to a divorce are irrelevant. For example, whether one party engaged in adultery can be considered by a court as it makes various decisions and determinations throughout the course of a typical divorce.
Simply put, adultery is defined as voluntary sexual intercourse between a married person and another who is not his or her spouse. If the other person is also married, then that person is also committing adultery. In Florida, adultery is technically a crime although it is rarely prosecuted.
So for example, suppose Russell and Janelle are married to one another. Russell has a girlfriend, Kami, whom Janelle does not know about. Russell and Kami frequently have sexual intercourse. In this case, Russell is committing adultery by having sexual intercourse with Kami. Kami is not guilty of adultery β even if she has a boyfriend or is in a committed relationship β as she is not married note, though, that if Kami was married, she would also be committing adultery by engaging in sexual intercourse with Russell.
A closer question may exist if, for instance, Russell and Kami only engage in oral sex. Note that divorcing parties are considered married until they are pronounced divorced by the court. In other words, a party does not become divorced just because he or she has filed for divorce. This means that any sexual relationship a party engages in during the pendency of the divorce is technically an adulterous relationship.
