If you and your spouse live in the state of Florida and have decided to separate as you believe your marriage is irreparable, you are still considered married to one another. Unlike other states, couples cannot file for a legal separation in the state of Florida. Instead, if you are looking to end, or dissolve your marriage, you can’t just live separately from one another, rather you are required to file the necessary documents with the courts, address certain matters, and it must then be finalized. Until you have reached this point, then you are still considered married.

So, what does this mean if you want to start dating and having sexual relations with other people? Would it be considered adultery?

Technically, yes, it would be and here’s why. Adultery is defined as “voluntary sexual intercourse between a married person and someone other than that person’s current spouse or partner.” Despite the fact that you may have been living in separate homes and away from your spouse while only making minimal contact with them doesn’t change the fact that you are still married to them. Now, will this affect your chances of being able to file for divorce? Not exactly, however, it can affect the outcome of it.

Because the state of Florida is considered to be a no-fault divorce state, the courts will generally grant a divorce if it can be proven that “the marriage is irretrievably broken” [Florida Statute §61.052]. Whether it is due to you committing adultery or another factor interfered with your relationship, your spouse cannot use adultery against you as a reason for not getting your divorce granted. But, as we mentioned above, if your spouse can prove you committed adultery, even if it was during the time you were living separate from one another, this can have a direct impact on certain matters associated with the divorce process.

For example, someone who commits adultery might not be entitled to receive certain assets, especially if they have been covering expenses in the relationship they engaged in outside of their marriage. Adultery can also impact custody and other important factors the courts will address during the divorce proceedings. Therefore, if you are guilty of committing adultery and are now worried that your actions are going to impact how your divorce is handled, you are encouraged to contact Hollywood, FL divorce attorney Jodie Bassichis today. Anytime a couple is faced with divorce, they are always advised to take on a legal expert who will be sure their interests are protected and that the divorce process is handled fairly, regardless of the mistakes you may have made in the marriage.

To learn more about filing for divorce in Broward County, FL and what your legal rights are given you committed adultery, contact our office so that we can address your concerns and begin providing you with the legal assistance you need.

The Law Offices of Jodie Bassichis, P.A. is located at:
Jodie Bassichis, PA
4700 Sheridan Street, Suite J
Hollywood, Florida 33021
(954) 963-7300
jbassichislaw@gmail.com
www.FloridaDivorceSource.com