Is Cheating a Crime?

So, spending quality time with someone other than your partner and your loved one is bothered by it could be considered cheating.

Statistics of Divorces Due to Adultery

According to the American Psychological Association, adultery is the cause of 25-35% of divorces. Based on the report, almost 45% of divorcees had several affairs. As per the infidelity statistics, nearly 40% of unmarried individuals and 21% of married relationships face the severe issue of cheating at least once in their lifetime. Again, the Marriage and Divorce Journal states that nearly 70% of Americans engage in affairs after marriage.

Is Cheating Illegal?

Cheating is theoretically banned in 21 states in the United States. It is a misdemeanor in certain places, such as New York, while it is an unforgivable crime in others, such as Michigan, Wisconsin, Massachusetts, and others, and the person who commits an infidelity act will be put in prison.

Adultery Laws in the US

In many places, adultery is defined as the physical involvement of a married individual with someone other than their spouse. The severity of the punishment varies per state. Here are some examples of punishments under the law:

Is Adultery Common in the US?

We know that infidelity is widespread. A recent study on American couples indicates that about 20 to 25% of heterosexual married men, as well as 10 to 15% of heterosexual married women, get involved in extramarital affairs during their life period. The adultery laws vary from one country to another.

According to the data derived from the General Social Survey, it has been found that men are more intended to have extramarital affairs as compared to married women. 13% of women and 20% of men reported having sexual intercourse with someone other than their partner while married.

Which Are the Highly Adulterous States in America?

Let’s see the top 8 states where extramarital liaisons are illegal:

• New York
• New Jersey
• Arkansas
• Connecticut
• New Hampshire
• Virginia
• Maryland
• Massachusetts

States Where You Can Be Put Behind Bars for Infidelity

Adultery is illegal as of now in 21 US states. New York is one of the few states that consider infidelity a sin. Oklahoma, Massachusetts, Idaho, Michigan, and Wisconsin, among others, have set felony charges against it. Some other states are as follows:

• Arizona
• Kansas
• Illinois

Punishment for Adultery in the United States

Infidelity is regarded as a crime in many jurisdictions in the United States, even if it occurs only once; however, in some states, it is considered notorious conduct. As a result, those who commit adultery multiple times face harsher penalties than those who commit it only once; whether they are a cheating husband or a cheating wife, punishment is the same for both.

Here are some of the answers regarding infidelity and divorce.

How Can You Prove Adultery?

The court requires evidence for an adultery case after the partner’s affair. So, unless you provide substantial evidence to prove your case, it’s difficult to win.

You can consult with a lawyer who will help you gather the necessary facts and evidence. It’s also quite possible that your lawyer suggests you hire a professional detective to collect evidence that helps in divorce, like pictures of your spouse with his mistress or video footage of enjoying himself in a hotel or having a dinner date.

You cannot rely solely on your gut feelings – collect enough evidence to prove that your spouse is cheating on you. 

Does Cheating Affect the Distribution of Marital Property?

The rule of equitable distribution of property is followed at the time of divorce. It means that the court divides the marital assets fairly among both parties based on the marriage events, household contributions, employment income, and so on. But, if a married man has been continuously spending assets on his mistress, it will be considered a misuse of the marital assets by the court. As compensation, the court will give the faithful wife more priority or additional property in the divorce settlement.

Can You Go Behind Bars for Infidelity?

Is infidelity illegal? Well, many countries and states do not consider adultery a crime. However, in the US, it is considered a grave crime, and as a punishment, both the offenders have to pay huge amounts of fine and spend one year behind bars.

Can Infidelity Affect Alimony?

When it comes to alimony, it depends on the charges and level of offense. However, it is not a decisive factor when dividing the couple’s property. 

In case you believe that your spouse should not receive anything because of his unfaithful behavior, you need to gather enough evidence to prove your statement. It includes credit cards, phone calls, bank statements, etc. These will serve as evidence in a court of law to prove your spouse’s unfaithful activities.  

It can be quite difficult to prove your case in court. So, it’s always best to consult with a family attorney lawyer in your locality and discuss your adultery situation. 

Often, it is found that one partner in a marriage becomes financially dependent on another. However, in some marriages, we get to see both partners working, but still, division of labor is a big factor. One spouse may be more responsible for taking care of their children and managing the household, while the other is responsible for earning.  

The alimony has nothing to do with cheating. However, if you think you need more alimony for certain reasons, you need to prove the reason in court. For example, in the case of obtaining custody of a child, you can ask the court to provide additional money for the upbringing of your child. Under certain circumstances, the court arranges more alimony for the faithful partner. 

Prenup Cheating Clause

Most marriage agreements do not contain anything related to cheating or abuse. These agreements come with provisions on property divisions and sometimes about spousal support in the case of divorce after infidelity. Usually, marriage agreements can include the infertility clause, but the consequences should be weighed carefully. Both parties can remain open to litigation if one simply believes that the other party was unfaithful. If infidelity in marriage law ensures protection for your finances on the occasion of a divorce case, it will be very helpful to include adultery clauses in your prenuptial agreement as well.

What Is the Role of a Judge?

While deciding on the divorce case, the judge will ensure that the faithful partner is compensated with additional property and money as compared to the unfaithful spouse. Also, the court will check how cheating will affect the custody of the child before deciding on time-sharing, child custody, and other related issues. 

Can Cheating Divorce Affect the Custody of Your Child?

In the US, the court always looks for the best interest of the child while determining custody. So the mental fitness of the parents is given the foremost priority. However, a spouse can argue that the other partner is morally less fit. So, it could affect the custody amount that a parent is granted by the court in the divorce.

Is It Possible to Stop a Spouse from Committing Adultery?

It is a big question whether it is possible to stop someone from committing adultery. Well, frankly speaking, it is not. But, observing their actions, you can understand that a person is involved in cheating. They become more concerned about their dress-up and looks. They start spending extra time on grooming and even spend money on branded clothes to appear more presentable. 

Social Media Tracking

When your gut feeling says that your spouse is up to something, don’t ignore it. It’s important to take action according to your instincts. If you feel that your partner is cheating on you, check out their social media accounts.

If there is a recent change in the passwords in their Instagram, Facebook, and other social media networking accounts, it’s a sure shot that they are up to something.

You can also keep an observance on the posts because it can help you to track his whereabouts. It includes check-in posts, pictures and videos, and much more. 

Nowadays, social media monitoring can help you a lot to gather much-needed clues about a person! 

Observe the Change in Behavior and Appearance

It’s important to observe the behavioral patterns of your spouse because when it comes to cheating, physiology speaks volumes. 

If your wife is cheating on you, she will feel less attracted to you and will show less interest in spending time with you. You will find her spending most of the time over the phone. 

A cheating spouse will never share the password of his/her phone with you and will cling to their phone.

Also, your cheating spouse will stop sharing their secrets with you any longer and will show irritation in almost everything that he once used to cherish.

Install a Spy App on Your Spouse’s Phone

You can effortlessly track your spouse’s phone actions with a spy app: record their chat conversation, media files, SMS, phone records, and other data. It works unnoticeably, and your partner will never notice it on their phone.

You can install a spy app on your wife’s or husband’s phone without the help of a professional. There are numerous straightforward products available for spying. Some free apps include Spyic, Spyier, Spyine, and Cocospy. For better supervision, you can even buy the premium version that comes with much more features. 

Adultery and Divorce – What Is the Role of a Divorce Lawyer?

A divorce lawyer generally spends a lot of time communicating with clients to fetch information about the case and prepare paperwork that needs to be drafted and filed in court. Plus, the attorney should discuss the hearing results with the client and strategies for the next steps.

Divorce lawyers need to become adept at managing and scheduling meetings with their clients. Such meetings often take place over the phone and in person. The role of a lawyer is to gather information to strengthen the case, collect evidence, offer expert advice, give moral support, save your money, and help you with the alimony.

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