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Is adultry illegal in the US?
Question:
I believe that my husband has been having an affair with a co-worker for over a year. I would like to file for divorce and am wondering if adultery is illegal? Can I use this against him when I file for divorce?
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Adultery is illegal in many states throughout the U.S. and some states still view this as a crime. Even though prosecutions for this criminal offense are rare, adultery can be cited in divorce proceedings, custody disputes, employment cases and even prevent individuals from serving on juries. In some states, proof of adultery is sufficient legal grounds for divorce, while in other states; citing fault is not required to seek a divorce. In states where fault must be shown, adultery must be proven which can require extensive investigation and become quite costly.
Adultery statutes are based upon the married status of the parties. In states where adultery is a crime, it is a defense if the person accused reasonably believes the he and the other person are both unmarried.
Because the laws differ in each state regarding what constitutes grounds for divorce, you should obtain advice from a family law attorney.
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