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In Florida, adultery is technically a crime (although it is rarely prosecuted).

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This means that any sexual relationship a party engages in during the pendency of the divorce is (technically) an adulterous relationship.For instance, the fact that the husband was lazy during the marriage or the wife withheld herself sexually from the husband will not likely impact the manner in which the court decides to split the marital property.Adultery, however, can have an impact on the division of the marital estate depending on the nature of the adulterous relationship.In other words, the fact that one party engaged in “bad behavior” (such as gambling, wasting the couple’s resources or infidelity) does not impact the ability of that party to file for or obtain a divorce.

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However, this does not mean that the actions of the parties prior to a divorce are irrelevant.In this case, Russell is committing adultery by having sexual intercourse with Kami.

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