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Definition Adultery - when one spouse has sexual intercourse with a third party.

Application in Divorce In some cases in recent years, courts have broadened the interpretation of the meaning of the word adultery to include a personal intimate sexual relationship with any other person other than the spouse without regard to specific sexual acts, the marital status or the sex of the third party. In this, the relationship becomes adulterous because it involves intimate sexual activity outside of marriage. By this reasoning, homosexual liaisons by married people become adulterous.

In some states and provinces adultery is considered grounds for divorce.

Courts once used adultery to punish the guilty because it was the sole ground for divorce in some jurisdictions.

Today courts focus more on the economic impact of adultery. In most states, marital misconduct or fault, such as adultery, is not considered, however. For example, committing adultery typically will not have a bearing on whether a parent can get custody of his or her child because it takes two people to do it. No one ever committed adultery alone. The logic of two-to- tango removes marital fault from consideration and allows the court to focus on other more relevant factors in making the best decision.

Judges now pay more attention to the economic impact of marital misconduct, such as the dissipation of assets or, worse, the hiding of assets.

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Questions & Answers

Is adultery still used today, even in the era of no-fault divorce?

Adultery as grounds is not as common as it once was, but some believe that it can be useful in a property settlement negotiation or in a spousal support dispute. Judges still look with disfavor on adultery, and some lawyers believe that proof of adultery may sway a judge to a particular point of view.

Contributed on 9/11/2007 by: 3StepDivorce - Online Divorce Allentown, PA [Total Contributions: 19]

Category: Divorce Grounds (Applicable in All States)

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Helpful Tips & Facts

A Road Not Taken
Many lawyers advise against using adultery as a ground for divorce even when it is the case. This is because it is very difficult to prove and often times marital misconduct is not considered as much as it used to be.

Contributed on 4/4/2007 by: DivorceDex.com Staff
Category: Divorce Grounds (Applicable in All States)
Cheating when Separated
If you decide to start a new sexual relationship without being divorced, you may want to consult with a divorce lawyer. There could be certain legal repercussions since you technically are still married and therefore would be committing adultery.

Contributed on 4/4/2007 by: DivorceDex.com Staff
Category: Divorce Grounds (Applicable in All States)

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Additional Resources

Why Do Married People Have Affairs?

Since January first of 1981 (my first day of practice as a divorce mediator), rarely does a working day go by without a client mentioning an affair. I don’t hear about an affair. Sitting at my round mediation table with the divorcing couple, I listen as an angry spouse bitterly condemns the betrayal of their partner.

Adultery in Divorce

We want an explanation for what causes divorce. When one of the spouses in a divorce has an affair -- has been unfaithful -- we long to point to that as the reason. More often than not, adultery isn’t the cause of divorce; it’s just one of the symptoms.

Adultery and Society

The seventh commandment says "Thou shalt not commit adultery." Nevertheless, this sin has been committed throughout history. Today, though, adultery seems more rampant than ever. While tabloid stories report the affairs of politicians, millionaires, and movie stars, films like "The English Patient," "The Prince of Tides," or "The Bridges of Madison Country" feature and even promote adultery.

Biblical Discussion of Adultery

It is clear scripture itself has no prohibition against singles sex, only what has been added by Church tradition. Adultery is more complex. The Jews understood "Thou shalt not commit adultery" very differently than Church tradition. It only applied to men if they had intercourse with someone else’s wife.

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