Divorce Adultery

Adultery is a common reason for couples to divorce. However, since the inception of no-fault divorce, most individuals don't choose to try to prove in court that their spouse has been unfaithful. This makes it less costly and time consuming to obtain a divorce. Adultery is one of the grounds for a fault divorce in states that offer that option. Although laws making adultery illegal are no longer enforced in the U.S. (outside of the military), many states still have them on the books. In the case of fault divorce or when there is a prenuptial agreement in place, adultery can have a serious impact on the outcome of court proceedings. For example, a prenup may contain a clause granting the spouse who was cheated on a greater portion of assets in the divorce. Adultery must generally be proven in these cases. Couples may use such methods as hiring a private investigator to find reliable evidence that is admissible in court.

Fast Facts

  • Many experts estimate that about 60% of men and 40% of women will have an extramarital affair by the age of 40.
  • Some religions and denominations teach that remarrying after a divorce is adultery.
  • In some states, a spouse who has been cheated on can be granted a quicker divorce by proving that infidelity occurred.

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  • Adultery as Grounds For Divorce

    Adultery is one of the most common grounds for divorce and may be stated as a reason for divorce in the majori...
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  • Ohio State Divorce Law

    A Petition for Dissolution of Marriage or a Complaint for Divorce must be brought in the county Court of Commo...
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  • Pennsylvania State Divorce Law

    Pennsylvania requires that someone filing a Complaint for Divorce in his or her county Court of Common Pleas b...
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  • South Dakota State Divorce Law

    A Complaint for Divorce can be filed in a South Dakota Circuit Court for those who have established residence ...
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  • New Hampshire State Divorce Law

    In New Hampshire, anyone filing a Petition for Divorce in Superior Court must meet the requirement to be a res...
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