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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: 9139
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Recent Adultery and Infidelity Questions

  • Does bifurcation in marriage (i.e. processing the husband

    Does bifurcation in marriage (i.e. processing the husband and wife divorce) prior to settlement of child custody/parenting agreement have any bearing on the outcome of the child custody determination? Or are the two not linked? Thank you
  • My wife and I have been married for 30 years and now live in

    My wife and I have been married for 30 years and now live in Vermont. We are both 57.
    We are divorcing and she stated she wants 1/2 of my salary.
    She has a business degree and has worked full time up until we had childtren and then part time for most of her life, She was mainly an at home mom that raised our childtren who are now 27 and 24 as we felt it was best for the children. She does not want to go back to work full time and has take a very low paying part time job as it is fun. $12 per hour verusus her recent accounting job at $20 per hour.
    How is alimony calculated in Vermont and is she entitled to 1/2 of the salary. It represents about $6,600 after taxes etc. but is $10,000 per month base salary before taxes, insurance, etc..
    I do not mind providing for her, but is she entitled to half of my salary or half of my take home pay or enough to keep her in her present lifestyle? in Vermont this would be less than the $3,300 per month as 1/2 of the take home pay?
    There is no infedelity, abuse, or other factors as the reason for the divorce.
  • I got a divorce in 2013, she was in mexico at the time so

    I got a divorce in 2013, she was in mexico at the time so she defaulted but in the best interest of my son I chose him to stay with her ( she lives in Tempe az I live in Illinois) we signed a joint parenting agreement that states the other parent can contact the child by phone but she is not answering my calls so I cant talk to him, I kept the call logs when I called her, and I call in reasonable times when she is home.
    I took my son back after visiting in the summer he was back for school it was on August 4 it is now October 20th and I have only talked to my son twice so far, at the time I made that decision that he be with her i thought maybe he needs his mother for a year or two more but she has no time for him, he is basically being raised by after school care and baby sitter, he is 5, can I change that (since it was my decision regarding this issue and she defaulted) to were I get custody of my son and she gets visitation?
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