Legal Question in Family Law in Florida

I saw a Florida statute that states adultery is illegal. How can this help me in my divorce and can I press charges against them? I know it isn't enforced unless pushed so how would I go about doing that? I do have proof that sexual intercourse has happened. Also is there a way I can sue the other party for anything?


Asked on 6/06/13, 7:42 am

2 Answers from Attorneys

John Smitten Carey and Leisure

Adultery is meaningless in FL unless there is some type of custody battle, or wasting of marital money. You have no case against the other party for damages, FL does not recognize alienation of affections.

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Answered on 6/06/13, 10:30 am
Brent Rose The Orsini & Rose Law Firm

You can't sue for adultery, and you can't sue the other party under a type of lawsuit called "alienation of affection," because Florida, like most states, doesn't have that type of lawsuit any more. Essentially, there is nothing you can do to the person your spouse is cheating with. In very, VERY limited circumstances, cheating can be used to get or increase alimony, but judges are very reluctant to award alimony for cheating unless your spouse has wasted a lot of joint money on the person he or she cheated with. No prosecutor will file charges for adultery, so there isn't much you can do but get a divorce and move on.

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Answered on 6/07/13, 5:34 am


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