How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq. , Lawyer
Category: Family Law
Satisfied Customers: 109004
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

What is the law in the city of Palm Coast and the state of

Resolved Question:

What is the law in the city of Palm Coast and the state of Florida regarding filing for divorce because of infidelity?
Thank you.
Submitted: 3 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 years ago.
Florida divorces are considered no fault divorces. What this means is that adultery is largely not relevant when filing for the divorce. Under FL law, the courts have ruled that adultery or marital misconduct must be financial and intentional, either not condoned or known by the injured spouse, and resulted in dissipation of martial assets. Thus, if you cannot prove financial injury in the dissipation of your marital assets the courts generally do not consider adultery any different than any other no fault divorce. If you have known about the cheating for 30 years, this is another issue considered by the FL courts to indicate it was condoned, or accepted, by you.

Where adultery might be considered by the courts would be in your marital property division and whether or not you would get alimony/spousal support. FL Statute § 61.08 states that only one of the factors that a court may consider in determining an alimony award is the adultery of either spouse. Florida law is very clear, however, that adultery may not be used solely to punish the unfaithful spouse. In fact, adultery may not be considered in relation to alimony unless the adultery has caused a depletion of marital assets. If the cheating spouse’s adultery had no impact on the assets of the marriage, the straying spouse’s conduct is not to be considered in fashioning an alimony award.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.


There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Customer: replied 3 years ago.

I don't believe this answer applies to my case. I received a "poison pen letter" on 12/20/12 addressed to me which was forwarded from his mistress to our previous address in New Jersey. The letter notified me of the "30-year" affair, and alleged 29-year old female child (to which he agreed to have affixed his name to the birth certificate) but could not produce a paternity test. Thank you.

Expert:  Law Educator, Esq. replied 3 years ago.
I am sorry that you do not believe the answer, which covered both when and when not adultery would come into play in a divorce in FL, but now you are adding in more information not previously disclosed as well. If you just learned of the affair and can prove, as I said above, that there was financial disgorgement of your marital estate because of the adultery, then it would be used as a factor in seeking your property distribution entitlement and alimony. I provided you the FL Statute where all this is stated as well, to support my answer to you.

Thus, based on the letter which you now have disclosed to me and if you can show that he provided marital assets to her for her support or to support the relationship, then the court can consider the adultery, but again, it is not considered as ground for divorce under FL's no fault law, it is considered as a factor in the equitable distribution of marital property and determination of entitlement to alimony.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 109004
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 2 other Family Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Previous | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL

Meet The Experts:

  • Ely


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • LawTalk's Avatar


    Attorney and Counselor at Law

    Satisfied Customers:

    30 years legal experience. I remain current in Family Law through regular continuing education.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    I provide family and divorce law advice to my clients in my firm.
  • Tina's Avatar



    Satisfied Customers:

    JD, 17 years legal experience including family law
  • P. Simmons's Avatar

    P. Simmons


    Satisfied Customers:

    16 yrs. of experience including family law.
  • Barrister's Avatar



    Satisfied Customers:

    Attorney with 15 years experience
  • AttorneyTom's Avatar



    Satisfied Customers:


Related Family Law Questions