Stupid Question

[MJA89]

What is the name of your state (only U.S. law)? FL

What is the strickt definition of adultery in Florida? Following a three year separation, I have had an emotional and somewhat sexual relationship with someone other than my wife. I have filed for divorce. The other relationship has NOT/NOT resulted in baby-making sexual intercourse, but has come close, damn close. Where is the line in Florida and have I crossed it?

As always- thanks for your expertise and advice.

 

[Ohiogal]

What is the name of your state (only U.S. law)? FL

What is the strickt definition of adultery in Florida? Following a three year separation, I have had an emotional and somewhat sexual relationship with someone other than my wife. I have filed for divorce. The other relationship has NOT/NOT resulted in baby-making sexual intercourse, but has come close, damn close. Where is the line in Florida and have I crossed it?

As always- thanks for your expertise and advice.

Have you even filed for divorce. Have you had sex with her? Oral? Anal?

 

[Zigner]

Have you even filed for divorce. Have you had sex with her? Oral? Anal?

OG - perhaps pay tv would be a good avenue...

 

[Ohiogal]

OG - perhaps pay tv would be a good avenue...

Are you saying I should write it off as a business expenses?

 

[Ohiogal]

I take that back. He has FILED for divorce. he says so in the first post. But sex with someone not his wife is adultery. Why it matters I know not.

 

[mistoffolees]

But sex with someone not his wife is adultery.

But that was his question - is a given act 'sex' within the context of adultery laws? I don't remember what the context was, but in one discussion, it required penetration to occur for an act to be considered sex. He needs to check on his state laws wrt adultery. If it matters. Which it probably does not.

 

[Ohiogal]

But that was his question - is a given act 'sex' within the context of adultery laws? I don't remember what the context was, but in one discussion, it required penetration to occur for an act to be considered sex. He needs to check on his state laws wrt adultery. If it matters. Which it probably does not.

The Bill Clinton definition of sex is not the TRUE definition. And the definition of is, is....

 

[Ohiogal]

Case law

720 So.2d 624
Baxter v. Baxter, 720 So.2d 624 (Fla.App. Dist.5 11/20/1998)
720 So.2d 624, 1998.FL.42507
Based on this I LOVE this decision:

To paraphrase Lewis Carroll:

[15] "The time has come," the Walrus said, "to talk of many things:" of making vows and breaking vows and the consequence it brings."

The court also found (and this is the part that causes the current confusion in the appellate courts), that the penalty award of alimony was not justified because there was no showing that the husband's adultery depleted family resources. Hence, in so far as the paying spouse is concerned, the supreme court found that adultery was immaterial unless it affected the ability to pay.

And this where neither adultery or trying to kill your spouse translates to alimony payments to the "victim":
547 So.2d 188
CAROL ANN MOSBARGER v. RICHARD DENNIS MOSBARGER (07/28/89)
1989.FL.45063 ; 547 So.2d 188; 14 Fla. Law W. 1787

The trial court was clearly bothered by the wife's attempt to kill her husband. We do not condone her actions, and she should not benefit in this proceeding because of her criminal conduct. Nevertheless, Florida's divorce system generally attempts to apply no-fault principles. Since adultery, as a statutorily recognized act of marital misconduct, is only considered when it translates into a greater financial need for the spouse or a depletion of the family resources, we are not inclined to believe that Mrs. Mosbarger's criminal conduct, which is not a statutorily recognized act of marital misconduct, should be treated more severely in this domestic proceeding. § 61.08(1), Fla. Stat. (1987); Noah v. Noah, 491 So.2d 1124 (Fla. 1986). See also West v. West, 414 So.2d 189 (Fla. 1982) (intentional tort claim barred by interspousal immunity, but divorce court may consider economic damages caused by the intentional tort in award of alimony to injured spouse). Beyond the consequential economic damage to the family unit caused by the criminal conduct, any additional penalty which Mrs. Mosbarger receives should occur within the jurisdiction of the criminal court under the facts of this case.

 

[MJA89]

REsponse to questions.

No, not oral or anal (ew). Back rubs and watching movies together. Sleeping on her couch after a second bottle of wine, wouldn't want a DUI to compound things. Emotional betrayal, maybe. But only after the STBX cleared out approx 168k from the joint accounts and only after being caught became focused on the relationsip and repair. I know this will not play well to the court, but I can and will testify that nothing else (Clintonian) occured. I'd rather that others not get dragged into this. All are over seas- is that any help?

 

[Ohiogal]

No, not oral or anal (ew). Back rubs and watching movies together. Sleeping on her couch after a second bottle of wine, wouldn't want a DUI to compound things. Emotional betrayal, maybe. But only after the STBX cleared out approx 168k from the joint accounts and only after being caught became focused on the relationsip and repair. I know this will not play well to the court, but I can and will testify that nothing else (Clintonian) occured. I'd rather that others not get dragged into this. All are over seas- is that any help?

Well some people like oral and/or anal. Not your preference fine but it needed asked. You have NOT reached the status of adultery because you have not had sex of any kind with someone other than you spouse. Have you betrayed her emotionally? If she feels so, yes. Have you cheated? Again, if she thinks so, yes. However that does not mean it is adultery. And adultery only matters as caselaw states above. And if ALL are overseas why are you asking about Florida?

 

[mistoffolees]

The Bill Clinton definition of sex is not the TRUE definition. And the definition of is, is....

It's not that simple:

Family Law Consulting - Family Law Reader

Granted, some of this is older and newer case law may change it, but at least according to some courts (and some version of Black's Law dictionary), adultery requires intercourse.

Of course, it appears to be irrelevant in this case, since OP hasn't met any reasonable legal definition of adultery (which is not to condone his actions, of course).

 

[seagoing]

Bill Clinton "did NOT have sex with THAT women ONE TIME"so ,how many times was it BILL. As for the oral/anal.Keep it that order.