What is the definition of adultery for divorce? Adultery occurs when one party has committed the offense of having sexual or intimate relations with another party outside of the marriage. Defining adultery in a marriage is difficult, and many states define adultery differently. In some states, adultery is a fault grounds for divorce, meaning that one party can file for divorce unilaterally if they can prove that the other party has committed adultery. In other states, proof of or suspicion of adultery is unimportant, because the laws allow for no-fault divorce, meaning either party can file for divorce without proving that the other party has done anything wrong.
Defining Adultery
The basic definition of adultery is the commission of intimate relations by one party outside of the marriage. In most states, adultery is very hard to prove, because often photographic or other physical evidence of the offense does not exist, or is very difficult to prove. Most states allow circumstantial evidence as proof of adultery - basically, showing that the spouse had the opportunity to commit adultery, such as the time to spend time alone with the other individual, or that they were seen together at a motel or other location when they were out and about.
If you are accusing your partner of adultery, you will need to meet the definition of adultery in your state:
- In most states, even both parties admitting that adultery has occurred is not sufficient evidence to provide grounds for divorce.
- Most states which have adultery as a fault grounds, require an independent or unrelated eyewitness to attest to the fact that adultery has taken place.
- In some states, the definition of adultery can include criminal penalties. Maryland considers the crime of adultery to be a misdemeanor, but the fine is only $10, and due to the requirement of evidence, prosecutors rarely pursue charges.
The definition of adultery also varies depending on whether the offending spouse committed heterosexual adultery or homosexual adultery. For example, in the state of Maryland, adultery is considered a fault grounds; however, if your spouse cheated on you with a member of the same sex, it is not considered adultery and therefore your husband cheating on you with another man is not grounds for divorce.
Getting Help
You will want to contact a lawyer if you have questions about the definition of adultery in your state and how that definition might impact your divorce plans. Your lawyer can help you determine how best to prove adultery and can help you to decide if you are better of seeking a fault or no fault divorce based on your situation.
