Legal Question in Criminal Law in Florida

I live in Florida and my husband left me after 23 years of marriage and moved in with a girlfriend where they are living as if they are married. My husband & I both have divorce lawyers and the divorce is still in process. We have not been to mediation as of yet. A friend sent the below information to me. I inquired with my attorney but she did not have an answer. Could you tell me if this is true and if anything can be done!

798.01 Living in open adultery.�Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.


Asked on 11/19/14, 4:24 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Yes this statute is still on the books and dates back to the 1870s or so. However, it is not enforced as prosecutors believe it is probably unconstitutional. It is one of those laws that you would find in a "weird and old laws" section of the bookstore or internet. In other words, yes there is a law, but no it will not be enforced. Your best bet is to talk to a family law attorney.

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Answered on 11/19/14, 5:14 pm


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