Adultery Laws in Florida and the Impact of Florida No Fault Divorce


adultery laws in FloridaThe Link Between Adultery and Florida Divorce

Adultery laws in Florida have a serious impact on how people approach divorce. Whoever claims marriage is easy obviously never thought their husband or wife would cheat. This discovery can get any scorned spouse’s engine revving. Until, that is, he or she becomes aware of Florida no fault divorce.

The Impact of Florida As a No Fault State

Consequently, with Florida no fault divorce, parties don’t need to provide the details of why they want to end their marriage. Consequently, the connection between adultery and divorce doesn’t mean much in family court. This is especially relevant as proving divorce fault is now obsolete across the country. Even if you can prove injury from your ex’s open adultery, there is little relief available. However, like most principles of law, there is a caveat.

Adultery laws in Florida do allow a spouse to recover financially from their ex’s dirty deed. This is limited to cases where a party can prove the accused spent marital funds on the affair. The bottom line is your chance of getting in trouble under Florida stalking laws is higher than getting any reward for proving a connection between adultery and divorce in family court.

Why Knowing the Answer to Is Florida a No Fault State Brings Attention to Florida Stalking Laws

It may seem like a long shot to connect Florida stalking laws with domestic violence in a society where the term ‘Facebook stalking’ is common slang. Let this be a warning, however, that the gap between the two is minimal at best. In determining whether a party reasonably believes they are in imminent danger of becoming a victim of domestic violence, the court considers several factors. Including cyber-stalking. In fact, the very definition of domestic violence includes a violation of Florida stalking laws.

adultery laws in FloridaReview the Details of Florida Stalking Laws Before an Obsession with Adultery Laws in Florida Develops

Since Florida is a no fault state, the desire to prove adultery shouldn’t be an issue. To drive this point home, here’s a look at the definition of the crime in under Florida stalking laws.

  1. Any person who willfully, maliciously, and repeatedly follows or harasses another person commits the offense of the law stalking state. This is a first degree misdemeanor crime. A person stalked can seek an injunction protection violence to prevent personal injury.
  2. Any persons who purposely, maliciously, and repeatedly follows or harasses another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury. This is aggravated stalking. It’s a third degree felony under the coverage of Florida stalking laws.
  3. Under Florida stalking laws, cyberstalking is engaging in a course of repeated conduct to communicate words, images, or language by and through the open use of electronic mail or electronic communication. It’s directed at a specific person causing substantial emotional distress and serves no legitimate purpose.

Stalking Aside, Let’s Get Back to Adultery and Divorce

Maybe it’s all his late nights at the office since that Carmen Electra circa 2001 look alike started working as his intern. When did tube tops become acceptable office attire, anyway? Or maybe you suspect her ban on cheeseburgers has more to do with Javier the “genius yogi” than any credit to awakening to her inner compassion. You’re pretty sure the last time you saw that spark in her eye it involved Stella McCartney and a sample sale. Whatever it is, the thoughts of your spouse’s infidelity won’t go away.

adultery laws in FloridaDon’t Jump to Conclusions, the Connection Between Adultery Laws in Florida and No Fault Divorce is Important

A wise man once said that if you go looking for trouble, you’re probably going to find it. But this, like every rational thought since adultery laws in Florida first became part of your vocab, has gone out the window. You’re focused on threats of catching that good for nothing narcissist red-handed. But how? Private investigators. Devices on cell phones that process and record calls. GPS devices that track Mr. or Mrs. Wonderful’s every move in real time. All used and conducted in the hopes of busting their spouse in an act of adultery.

The typical result of playing McGyver? Disaster, both financial and otherwise. Protection of victims in this situation ranges from the Wiretap and Security of Communications Act to the right to privacy. You know, the one that’s found in that little gem of a document, the Constitution? The fact that one party is worthy of  wearing a scarlet letter for adultery in Florida is usually irrelevant.

How Florida No Fault Divorce Comes Into Play

Either party may file for divorce  without having to provide any reason for the split. This means that evidence gathered from the use of search devices, beyond the protections listed above, is inadmissible in family court. This only matters under adultery laws in Florida if one party can prove that a dissipation of marital assets resulted from the infidelity. This establishes the foundation for an unequal distribution of the marital estate.

The Impact of Adultery and Divorce on Child Custody Despite Florida No Fault Divorce

Just because Florida is a no fault state, it doesn’t mean adultery won’t come back to haunt you. Among the requirements that a family court judge considers when making child custody decisions is the moral fitness of the parent.  If a divorced spouse can prove that adultery negatively impacts a minor child’s life, that parent’s custody or visitation could be affected.

adultery laws in FloridaHow Adultery Laws in Florida Can Affect other Aspects of a Family Law Case

Florida is an equitable distribution state. This means a presumption that there should be an equal division of property when the marital relationship ends. This presumption can be overcome through information that proves a dissipation of marital assets on behalf of the adulterous spouse. Additionally, a court may consider either spouse’s infidelity as to whether to award spousal support as well as the actual amount of alimony payments.

Bottom Line? What You Don’t Know about Adultery Laws in Florida CAN Hurt You

Consider the time and money wasted on finding out the sordid details of their dangerous liaison of adultery in Florida. Don’t forget the added bonus of the psychological trauma you are subjecting yourself and your kids to. That wise man I alluded to before had another pearl of wisdom you may find of interest. Hell hath no fury like a spouse divorce scorned… or something like that. As I have stated in previous blog posts, Florida divorce is best viewed as a business transaction. The bitterness and anger that comes from the details of your ex’s infidelity usually ends up costing far more than it’s worth.

Click West Palm Beach Divorce Attorney to schedule your consultation. Proudly Serving Boca Raton, Delray Beach, West Palm Beach, and all of Palm Beach County, South Florida.

Boca Raton County Of Palm Beach Divorce Lawyers Practice Areas Include:

  • Florida Prenuptial Agreement

  • Post Marital Agreement

  • Simplified Dissolution of Marriage

  • Contested Divorce

  • Uncontested Divorce

  • High Net Worth Divorce

  • Annulment

  • Adultery Laws In Florida

  • Florida Alimony Laws

  • Equitable Distribution

  • Division of Retirement Benefits In Florida Divorce

  • Legal Separation Agreement

  • Division of Property

  • Imputing Income

  • Dissipation of Marital Assets

  • Modification of Alimony Payments

  • Florida Modification of Child Support

  • Modification Of Child Custody In Florida

  • Florida Child Support Enforcement

Posted in DIVORCE
Tags: ,