Adultery

What Happens When A Spouse Cheats?

Adultery is one of the most common reasons couples seek divorce . Most states define adultery as "sexual intercourse between a married person and someone other than their spouse", however this definition can vary from state to state. In North Carolina for example, adultery is defined as any sexual relations between a man and a woman who are not married and cohabitating together, whether legally married to someone else or not.

And while adultery would be considered a form of infidelity, the reverse is not necessarily true. Infidelity does not require sexual relations to exist - in fact, infidelity can also include non-sexual behaviors such as flirting and emotional affairs.

Most states treat adultery as a "crime against marriage," subject to religious ramifications as well as being grounds for divorce .

However, there are still approximately 20 states in the U.S. that have an adultery law on the books, with punishments ranging from a $10 fine to three years in prison. While these laws are rarely ever enforced, there are cases where adultery laws come into play. Most recently, a Michigan Appeals Court ruled that adultery committed under circumstances involving any other felony is punishable by up to a life sentence.

In other parts of the world adultery laws are strictly enforced and can carry harsh penalties. For example, adultery is treated as a major sin under Islam law and violators can be stoned to death.

In family law, adultery is considered to be acceptable grounds for divorce in most states except in states that only recognize no-fault solutions.

It should be noted however that even in no-fault states, courts may consider adultery when deliberating property distributions and child custody issues. Some courts also make the distinction between a one-time act and an on-going affair.

In states that recognize adultery as grounds for divorce, the extra-marital affair must be proved in court. Allegations of other types of infidelity are typically alleged as emotional abandonment, cruelty, etc. 

Related Article: Polygamy, Bigamy and Adultery - What's the Difference?