Legal Question in Family Law in Florida

open adultery, open lewd behavior

Florida statues identify open adultery and lewd behavior as punishable acts, yet every attorney my son has contacted says it won't be enforced as FL is a no-fault state and nothing can be done. Is this true or do we need to speak to an attorney other than divorce attorneys?


Asked on 5/27/07, 9:39 pm

3 Answers from Attorneys
Michael Stewart Michael D. Stewart

Re: open adultery, open lewd behavior

A divorce attorney will cover you.

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Answered on 5/27/07, 10:27 pm
Gordon Nicol Law Office of Gordon T. Nicol

Re: open adultery, open lewd behavior

You are confusing criminal and family laws. As far as family law is concerned the adultery will have almost no effect on the proceedings. Florida is a no-fault divorce state. As criminal law goes that is enforced by the State, i.e. prosecutors. As a practical matter prosecutors have bigger issues to concern themselves with then prosecuting adultery.

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Answered on 5/29/07, 11:10 am
Marie-Anne Oatley

Re: open adultery, open lewd behavior

Correct. In Florida, adultery has almost no effect on a divorce judgement. Adultery is often the REASON for divorce. It is not use IN the divorce.

If there was questionable behavior in front of the children, that MAY be taken into account in deciding custody.

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Answered on 5/28/07, 11:10 am


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