Questions about Adultery Laws

Adultery laws differ from state to state and can leave a person confused about their situation and the legal recourse available to them. Below are five of the top adultery and infidelity questions answered by the Family Lawyers on JustAnswer.

Will adultery affect child custody arrangements after a divorce, presuming there was no effect on the children?

The court has the child’s best interest in mind. If the child didn’t suffer mentally or physically from the affair, adultery will, most times, be considered irrelevant to the child custody issues. The judge will take into consideration living habits and any negative actions that could affect the child during a divorce. This will help determine who will be granted custody.

Can adultery during marriage affect alimony and/or custody issues?

If a person commits adultery while married, it wouldn’t be a major factor on determining who gets child custody. However, certain situations can influence the judge into feeling that the child is in danger, or that the welfare of the child is compromised. Examples of such circumstances could be: sexual contact in front of the child, leaving the child alone while having a sexual affair, etc. The life style of both parents will determine who gets the child and who would provide better for the child.

The courts try to be fair in determining who gets alimony. They will also consider other factors such as: whether the person is using alimony to get a better education to find employment, financial problems, mental or physical health, etc. If the court determines that one of the partners is sick, disabled, or can’t be self-supporting, it may grant alimony. Age also is a factor in most cases.

Is there a statute of limitations on adultery in South Carolina?

In South Carolina, any party who has committed adultery or fornication outside the marriage will be punished with a criminal fine or imprisonment regardless of when the offense occurred. At present, in the United States, there are only four states that do not have a statute of limitations on adultery. In other words, a charge of adultery can be prosecuted at any time after the crime was committed. Other state laws may differ when it comes to adultery as a crime. If you are not familiar with the adultery laws in your state, the Experts on JustAnswer can help answer any legal question you may have.

Can you press charges against a person who committed adultery with your spouse?

In most states you can’t press charges against your spouse or the other party for committing adultery. However, adultery by a spouse could be grounds for divorce depending on your specific situation and the state of residence. You could pose your specific questions to Lawyers on JustAnswer and get answers to all your adultery and infidelity related questions.

Is it considered adultery if a spouse has an affair with someone while entered into a legal separation in the state of Ohio?

This could be considered adultery, if the divorce is not final. In many states, most divorces are considered no-fault divorces or irreconcilable, and the reason for filing doesn’t matter. Adultery has a greater emotional impact than legal. The Experts on JustAnswer answer many divorce law and adultery questions online every day. You could get clarity on your situation by bringing your questions to the Lawyers on JustAnswer.