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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 Family Lawyers.

Is Adultery Illegal?

Adultery for the most part is not a crime and is not considered a criminal offense in most states. However each state may differ on statutes and criminal laws. In the few states that adultery is illegal or still considered a crime, the offense is often deemed a petty crime or misdemeanor and usually only inflicts light fines. To know state specific statutes relating to adultery legalities, it's best to ask an Expert.

Do adultery laws affect child custody arrangements after a divorce?

Case Details: The affair had no effect on the children

The court has the best interest of the child in mind. If the child didn’t suffer mentally or physically from the affair, adultery will, most times, be considered irrelevant to 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 married person commits adultery, 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, Experts 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 ask a Lawyer 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. Experts answer many divorce law and adultery related questions online every day. To get clarity on your situation, you could ask a Family Lawyer.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9380
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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    Ask follow up questions if you need to.
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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Adultery and Infidelity Questions

  • My husband and I have been married for 26 years. In 2011, we

    My husband and I have been married for 26 years. In 2011, we separated, (not legally) and he foolishly let a woman, (Janet) talk him into marrying her. Both of them knew that he was married to me. They parted ways 9 months later. He now resides with me.
    Janet has continued to use his last name and has threatened him from time to time to turn him in for bigamy. Yesterday, I received a message from a mortgage broker asking me to have my husband call him. He went on to say that Janet wanted to refi her home
    and he needed my husband to sign a quick claim deed or show proof of an annulment so that she could qualify for the new loan. My question is, was the marrige legal being that he was still married to me? Does he need to sign anything for this mortgage company.
    They never had any joint bank accounts, property, etc. The only record of the marriage is a California marriage license.
  • My wife and I are residents of CT and. Own a recreational vehicle

    My wife and I are residents of CT and. Own a recreational vehicle that we keep in NC. It is martial property titled in both our names.she abandoned me 5 months ago, moved into trailer, and had an affair. Do I have the right to use or move the RV to our home in CT?
  • In relation to the previous question I asked about my ex. denying

    In relation to the previous question I asked about my ex. denying visitation.
    My ex is saying she will allow me to to pick up my son for visitation on Jan 3rd if I agree to withdraw a motion to modify the order to compel her to get a passport and a motion for an order to show cause for contempt that I had filed foe her refusing to provide me with my sons medical records, daycare information, her not making my son available for Skype visitation at the appointed time of the order, and for her publicly posting despairing and insulting comments toward me on her social media pages such as Facebook.
    Can I use this offer she has proposed, to show the court to that she is attempting to use our son as a pawn and buy her way out of trouble by refusing to allow me visitation if I don't withdraw the motions I have in place?
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