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family law

Adultery

Voluntary sexual intercourse between a married person and someone other than that person's spouse, recognized as a fault ground for divorce and in some states relevant to alimony.

Encyclopedia entry: Adultery

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adultery

Adultery is a form of extramarital sexual intercourse between a married person and a person who is not a party to the marriage . In a fault divorce , adultery is one of the grounds for divorce . In addition to obtaining a divorce, some states also allow courts to consider adultery as a factor in dividing property , awarding alimony , or awarding custody of the children .

Cases such as Gerges v. Gerges (2020)  explain that “‘adultery,’ as ground for divorce, is the voluntary sexual intercourse of a married person with one not the spouse.”

[Last reviewed in November of 2021 by the Wex Definitions Team
]

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Encyclopedia content from Cornell LII Wex (CC-BY-NC-SA 2.5).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.