How likely is it that a case of adultery willto be prosecuted?

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How likely is it that a case of adultery willto be prosecuted?

My friend is married and his marriage has been over for many years. His wife asked him for a legal separation with very unreasonable demands, so he didn’t sign anything. She left FL to go to AR end of January and didn’t come back until first of July. He met someone and started having a relationship in June and asked her for a divorce in June. She refused to divorce only wanted to separate. Now she knows about the relationship and is threatening to file adultery charges against both of them. I know from what Ihave seen this can be done but what is the likelihood of it happening? She does not live in FL?

Asked on August 30, 2010 under Family Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Concept of adultery charges in this day and age is truly antiquated.  Further, she initially asked for the separation and legal separation or not, she chose to leave and live in Arkansas so essentially she was living separate and apart with no possibility of saving the marriage.  He needs to immediately call counsel and figure out what now needs to occur.  Florida is no longer an at fault state, so the cause for dissolution like adultery is not an issue anymore.  He does need to, however, figure out how best to ensure he gets the most out of this divorce in terms of asset distribution.  Usually assets acquired/earned during the separation are considered separate property, same of debts. So if he made more money during the separation and he doesn't wish for her to claim those amounts as part of the marital estate, he needs an experienced divorce attorney to begin the accounting now.


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