Florida is considered a “no-fault” divorce state, which means that to end a marriage, the court does not require a full disclosure of why you are getting a divorce. This also means that adultery does not affect most decisions regarding divorce. “No-fault” allows either party to ask the court for a divorce based only on the incompatibility between the couple.
Adultery is defined as voluntary sexual intercourse between a married person and another who is not their spouse. In Florida, adultery is considered a misdemeanor of the second according to the Florida Statute 798.01. A couple is still considered married until they are pronounced divorced by the court. Since Florida is a “no fault” divorce state, parties will not have to prove that adultery is evident. They will only have to tell the court that they are no longer compatible.