What happens if my spouse accuses me of adultery during divorce proceedings? - Florida
The Short Answer
In Florida, an adultery accusation usually does not decide whether you can get divorced, because Florida is a no-fault divorce state. However, allegations of adultery can still matter if they are used to argue about credibility, dissipation of marital funds, or other issues that affect financial outcomes or settlement leverage.
What Florida Law Says
Florida divorce cases generally focus on financial and parenting issues rather than proving marital misconduct. That said, adultery allegations can spill into a case when one spouse claims the other used marital money on an affair, is hiding assets, or is otherwise acting in a way that impacts equitable distribution or support arguments. Also, what you and your spouse said privately may or may not be protected depending on the type of proceeding.
The Statute
The primary law governing this issue is Fla. Stat. § 798.01.
This statute establishes that a person who lives in an open state of adultery may be charged with a second-degree misdemeanor, and if either party is married, both parties may be deemed guilty under the statute.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Divorce litigation moves on court-set schedules, and delays or missed deadlines can affect your ability to present evidence or respond to allegations in time.
- Burden of Proof: Even if adultery is alleged, the other side still needs admissible evidence for any claim that it affected finances or other disputed issues—unsupported accusations can be challenged, but it must be done correctly.
- Exceptions: Spousal communications are sometimes privileged, but Florida’s husband-wife privilege has important exceptions—especially in proceedings between spouses—so what can be used in court is highly fact-specific. See Fla. Stat. § 90.504.
Trying to handle this alone can lead to avoidable admissions, damaging evidence issues, or a settlement that doesn’t protect you—especially when accusations are being used as leverage.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.