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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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What is the law in the city of Palm Coast and the state of

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What is the law in the city of Palm Coast and the state of Florida regarding filing for divorce because of infidelity?
Thank you.
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.


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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.

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.
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