Adultery

Adultery is having sexual intercourse with another man or woman when an individual is married. Historically, states only allowed for divorce for cause, and adultery was considered grounds for divorce. Now, all states allow no-fault divorces, and the courts are less interested in the reasons a couple wants to divorce. In fact, in some states evidence one spouse committed adultery is not permissible in court.

Under some conditions, however, the state may consider whether one spouse cheated on the other spouse. For instance, if one spouse used marital assets to support their extra-marital relationship, the court may take this fact into account during the distribution of marital assets. The court may also evaluate a spouse's infidelity and how this might impact the children when they are determining child custody arrangements. Although adultery is still considered morally wrong by most spouses, statistics indicate one in three marriages is impacted by adultery. If you are considering divorce because your spouse has committed adultery, speak to a family law attorney.