Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

is adultery illegal in pa

Customer Question
is adultery illegal in pa
Submitted: 7 years ago.Category: Family Law
Ask Your Own Family Law Question
Answered in 3 minutes by:
9/21/2010
Family Lawyer: TJ, Esq., Attorney replied 7 years ago
TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,760
Experience: JD, MBA
Verified
Hi. Yes, it is a crime. If you'd like I'll provide the criminal code number. It'll be a few minutes.
Ask Your Own Family Law Question
Customer reply replied 7 years ago
can you give me criminal code number and what the penalty can be
Family Lawyer: TJ, Esq., Attorney replied 7 years ago
Hi again. After some research, I found that the law prohibiting adultery was repealed. I found a few old cases that mentioned that it was a misdemeanor in PA:

"adultery which is a misdemeanor under the Act of June 24, 1939, P.L. 872, § 505, 18 P.S. § 4505."

However, I could not find current case law on the issue, nor the current location of the code. Then I discovered why. This is from a Supreme Court case:

"The Commonwealth of Pennsylvania repealed its law prohibiting adultery and fornication in 1972. 1972 Pa.Laws, Act No. 334, 5."

So, my initial response was not correct. In PA, adultery is no longer a crime.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Ask Your Own Family Law Question
Customer reply replied 7 years ago
so a person can be married in pa and have sex with anyone they want that is willing
Family Lawyer: TJ, Esq., Attorney replied 7 years ago
If you're asking if a married person in PA will be criminally punished for having sex with someone other than his/her spouse, then the answer is no.

To be honest, even in states where it is still illegal (such as Maryland, for example), the punishment is quite light. If I recall correctly, it's a $10 fine. The purpose of keeping it illegal in Maryland is not to punish the offender, but to allow him to avoid testifying about it in a divorce case (in other words, a person cannot be compelled to incriminate himself, and thus, he can refuse to answer a question about adultery in a divorce case). That keeps the burden of proof on the spouse claiming adultery.

I hope that helps.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Ask Your Own Family Law Question
Customer reply replied 7 years ago
can it effect child custody
Family Lawyer: TJ, Esq., Attorney replied 7 years ago
No, child custody is not generally affected by adultery because the child's best interests are the most important factor. The adultery was an indignity to the non-cheating parent, but it does not necessarily mean that the cheating parent is a bad parent. However, the parent's character and fitness is an important factor in determining child custody, and therefore, in extreme cases a parent's infidelity may be important. Obviously, for example, a judge would not likely give custody to a cheating parent who has prostitutes staying over every night.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,760
Experience: JD, MBA
Verified
TJ, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,760
12,760 Satisfied Customers
Experience: JD, MBA

TJ, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

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.

LeeMichigan

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Adultery is illegal in Oklahoma correct? If the act is
Adultery is illegal in Oklahoma correct? If the act is committed in Oklahoma but the license for marriage is in another state is it still illegal. Also being on a reservation (Winstar) probably affect… read more
TJ, Esq.
TJ, Esq.
Attorney
12,760 satisfied customers
I'm married and have been meatliy abused for my spouse and I
I'm married and have been meatliy abused for my spouse and I think it's time to let him go because he has hit me in the past but I have cheated on my spouse i can I go to jail for cheating on my spous… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
Can I file for divorce in new jersey because my adulterous
Can I file for divorce in new jersey because my adulterous wife has been a resident there for 6 and a half months ? I am a resident of Pa for past 15 years, where my wife and I lived with our children… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,847 satisfied customers
Ray In Lancaster county pa, if I were to file a fault
Hi RayIn Lancaster county pa, if I were to file a fault divorce based on clearly provable adultery by my husband of 25 years, clearly before we officially separated (he moved out)Would that have any i… read more
Ray
Ray
Lawyer
Doctoral Degree
33,336 satisfied customers
My husband lives in PA I left m 3 months ago and moved to
My husband lives in PA I left him 3 months ago and moved to Maryland. Where do I need a lawyer from who can represent me in a messy divorce? Who can file and when?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Form what I can find online, Adultry in the start os PA is
Form what I can find online, Adultry in the start os PA is holding hands, kissing, or sex. Is that correct?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
Is it legal for me to show proof of adultery by my wife to
Is it legal for me to show proof of adultery by my wife to other people like her family and friends? Is it illegal for me to send this proof to the person who my wife had an affair with? I'm in michig… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
Can I use adultery as grounds for divorce if I found my husband
Can I use adultery as grounds for divorce if I found my husband has profiles on internet dating web sites?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Can my husbands lawyer request or subpena my cell phone records
Can my husband's lawyer request or subpena my cell phone records and/or laptop to try to use it against me in the divorce process in pennsylvania?… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers
Is a lack of sex drive a legal grounds for divorce? My husband--at
Is a lack of sex drive a legal grounds for divorce? My husband--at 60 yrs old- says he has no interest in the female figure, and that he is not gay.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,569 satisfied customers
Adultery is listed as a fault cause for divorce, yet PA is
Adultery is listed as a fault cause for divorce, yet PA is No Fault. How does adultery affect the outcome of a divorce?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
Hello, Im in the military and would like to divorce my wife (Im 24, shes
Hello, I'm in the military and would like to divorce my wife (I'm 24, she's 59--yes those are our ages#. I know she will not sign the papers #she threatens suicide every time I tell her I'm leaving# X… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
IF YOU ADMIT TO BEING EMOTIONALLY ATTACHED TO SOMEONE OTHER
IF YOU ADMIT TO BEING EMOTIONALLY ATTACHED TO SOMEONE OTHER THAN YOUR SPOUSE WHILE MARRIED IS THAT GROUNDS FOR ADULTERY UNDER THE LAW IN VIRGINIA… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
If we are signing the divorce papers next week, how long after
If we are signing the divorce papers next week, how long after that am I considered single and can date other people? Also, once the papers are signed same lawyer - same time (uncontested), and both o… read more
SC Law Attorney
SC Law Attorney
Attorney
Doctoral Degree
344 satisfied customers
is an emotional affair with excessive texting between my wife
is an emotional affair with excessive texting between my wife and a male co-worker that is hidden from me and denied by both parties grounds for divorce in pennsylvania… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
when a husband commits admitted horrible adultery, how does
when a husband commits admitted horrible adultery, how does the wife get $$ compensation for the hurt and pain and future agony he has and will couse her? How do I find a lawyer who will fight for me … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I heard there is a law in Oklahoma where it is illegal to commit
I heard there is a law in Oklahoma where it is illegal to commit adultery. If this is true, what law number is XXXXX?… read more
Rose Zapor
Rose Zapor
Attorney
J.D.
80 satisfied customers
if my wife sleeps with someone when we say we are seperated
if my wife sleeps with someone when we say we are seperated does tx state law still consider it adultry?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x