Adultery
Voluntary sexual intercourse between a married person and someone who is not their spouse. It is a fault-based ground for divorce in many states.
Understanding Adultery
Adultery remains a recognized ground for divorce in most fault-based states. Proving adultery typically requires showing opportunity and inclination, often through circumstantial evidence like texts, photos, or private investigator reports. While adultery itself rarely affects property division in equitable distribution states, it can influence alimony awards. In some states, an adulterous spouse may be barred from receiving spousal support. Adultery generally does not directly impact custody unless the behavior exposed children to harm.
Real-World Examples
A wife discovers her husband's affair through text messages and uses adultery as grounds for a fault-based divorce filing.
State-by-State Variations
Some states like California and Florida are purely no-fault and do not consider adultery. Others like New York and Virginia allow it as fault grounds.
Related Terms
A divorce where the spouses cannot agree on one or more key issues — such as custody, property division, or support — and a judge must decide.
Dissipation of AssetsThe deliberate waste or destruction of marital assets by one spouse, typically in anticipation of or during divorce. Courts can penalize the dissipating spouse in property division.
AlimonyCourt-ordered financial support paid by one spouse to the other during or after divorce. Also called spousal support or maintenance.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.