How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask xavierjd Your Own Question

xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
14261217
Type Your Legal Question Here...
xavierjd is online now
A new question is answered every 9 seconds

In the state of Wisconsin Adultery is illegal, can you file

Resolved Question:

In the state of Wisconsin Adultery is illegal, can you file for a divorce and legal action against adultry at the same time. Wisconsin is a No Fault Divorce state, but as stated Adultery is illegal and can be prosecuted. What are the facts and what is need to prove adultery?
Submitted: 5 years ago.
Category: Legal
Expert:  xavierjd replied 5 years ago.

Thanks for using JustAnswer.com

 

How long have you been married?

 

Do you have children?

 

Thanks

 

 

Customer: replied 5 years ago.
16 years, no children
Expert:  xavierjd replied 5 years ago.

The legislative intent of crimes against the family is as follows:

 

LEGISLATIVE INTENT

944.01 Intent. The state recognizes that it has a duty to encourage

high moral standards. Although the state does not regulate the

private sexual activity of consenting adults, the state does not condone

or encourage any form of sexual conduct outside the institution

of marriage. Marriage is the foundation of family and society.

Its stability is basic to morality and civilization, and of vital interest

to society and this state.

 

Further, under Wisconsin law, if a married person has sexual intercourse with a person who is not his spouse, both parties commit the crime of adultery. Under Wisconsin law (WI Statute 944.16), adultery is a Class I felony.

 

The penalty for a Class I Felony is a fine of up to $10,000, or imprisonment of up to 3-1/2 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.

 

The Prosecuting Attorney must be able to prove all elements of the crime "beyond a reasonable doubt." The elements are: 1) the person must be married, and 2) the person has sexual intercourse with someone who is not his/her spouse.

 

You must take your evidence to the County Prosecutor's office and the local police department. Ultimately, however, it is the Prosecutor's office that will make the decision as to whether a criminal action may be brought. Therefore, any evidence that you have to build your case is important. Photographs, e-mails, letters, cards, videos, telephone logs, etc. are all very important. So, your thought about hiring a private investigator may be a very good one if you wish to pursue a criminal charge, and may assist you in negotiating your property settlement.

 

Although Wisconsin is a "no fault" state, that does NOT mean that you cannot allege adultry as one of (if not the only) reason for the divorce. There are certain allegations that must be made in all divorces, and adultry may be one of them. Please see the link below:

 

http://www.divorcesupport.com/divorce/Wisconsin-Grounds-for-Divorce-798.html

 

Also below is a link to the factors that the court will take into consideration for the division of your marital assets. Note, that the final factor is "all other relevant factors." Adultry is certainly a relevant factor. His misdeed may allow you to retain more of the marital assets than would otherwise be awarded.

 

http://www.divorcenet.com/states/wisconsin/wi_faq03

 

Finally, below please find an article from the New York Times that discusses a 1990 case for adultry that was prosecuted in Wisconsin. I think (but not sure) the person was convicted.

 

http://www.nytimes.com/1990/04/30/us/adultery-as-a-crime-old-laws-dusted-off-in-a-wisconsin-case.html

 

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can receive credit for answering the question. Thank you.

 

Legal Disclaimer: This is for informational purposes only and does not constitute legal advice.

 

Customer: replied 5 years ago.

What about eye witness that has seen them together and they are currently living together, but her name is XXXXX XXXXX the lease but one of the apartment managers knows that she is there. As for e-mails he has his own private laptop that is not in my custody.

 

phone calls go to his blackberry and I was told that I needed a court order to get phone records. how do I get around this?

Expert:  xavierjd replied 5 years ago.

Eye witnesses can be subject to deposition (sworn testimony under oath and recorded by a court reporter, usually in an attorney's office).

 

So, their testimony can be locked in and if the divorce goes to trial, their testimony may be confirmed, but may also be subjected to cross examination.

 

Also, your lawyer can ask for his phone records, e-mails, etc. during the discovery portion of your divorce. Discovery is done for a period of time set by the court. Your attorney can also ask for bank records, credit card records, etc. to inquire as to whether there are any transactions that link him to his mistress. All of those records may also be subpoeaned by your attorney.

 

Remember....you need to prove that he is having sexual intercourse. Just seeing a couple together in public, or seeing them go into a room together is not enough. You have to prove that they are having sexual intercourse.

 

Hiring a private detective is a great idea. S/he may be able to obtain information for you that you may otherwise not be able to get.

 

If you have'nt filed for divorce yet, you should consult an attorney who specializes in family law. Many times. an initial consultation is free. An attorney may discuss the specific facts of your case and present you with options. You can then decide what needs to be done.

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank You.

 

Legal Disclaimer: This is for informational purposes only, and does not constitute legal advice.

xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 5 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
xavierjd
xavierjd
2360 Satisfied Customers
20+ yrs in criminal, landlord/tenant, family, & small claims