By LawInspectsTechnically and surprisingly, Yes! Like, in most of the states, you can technically take legal actions against your spouse if they are cheating on you, but oftentimes, we have seen it in so many cases that these laws are barely enforced. That’s why so many people just get away with it. Still, this is an important topic to discuss, so let’s talk about it a little more.
Felony, Misdemeanor, or Nothing? Here’s How It Works
It is considered a misdemeanor in some states like, usually, adultery is a small-time crime. Some go further in their law and declare it a felony, a much graver offense. For instance, Michigan, Oklahoma, and Wisconsin remain among those states that uphold laws placing adultery at the felony level. This could translate to years in prison or HUGE fines. Enforcement, on the other hand, is next to none.
To give you an idea of how seriously this is considered today, adultery is, in fact, illegal in the state of Maryland, but the fine for it is only $10. Really, just ten dollars. So yes, not that serious actually!
There are many other states that still have these antiquated laws in their books. For instance, there was a 1907 law of adultery in New York, but in 2024, the lawmakers passed the repeal of that law (deeming it obsolete and irrelevant in the present 21st century). And that is just one example of many resealing in many other states.
Military Personnel? The Rules Are Stricter
Well, things differ when we’re talking about the military. Adultery is indeed punishable under UCMJ, which is short for Uniform Code of Military Justice. Basically, Article 134 makes adultery an offense if it affects discipline, order, or the standing of the armed forces. It might not even warrant jail time, but it is enough to ruin a person’s career.
Are People Being Arrested for Cheating? Rarely
In states that criminalize infidelity, however, Great numbers of arrests or criminal cases are unheard of. Prosecutors do not generally consider the matter worthy of their effort or resources. In addition, proving adultery is not an easy task as it requires direct evidence, such as call records, on the contrary, text messages, hotel receipts, or good photos and videos.
In a huge number of places, to file a case, the affected spouse must consent to prosecution. In other words, unless there’s some very serious legal matter to be addressed, the police would ordinarily not be called upon to take any action.
So, Cheating May Not Be a Crime, But It Can Affect Divorce
Cheating will not necessarily land you in jail, but it might have legal implications during divorce proceedings. In some states, divorce may be fault-based. So, if a spouse is found to have cheated, it may influence a court’s decision on awarding alimony, assets, or custody of the children. So just be aware of that first!
Meanwhile, in no-fault states, the cause of separation doesn’t generally influence the outcome. But yeah, an affair usually triggers emotional and legal problems that may extend the proceedings and rack up the legal fees, and you wouldn’t like that, to be honest.
Can You Sue the Person Your Spouse Cheated With? In Some States, Yes!
No matter how weird or surprising it sounds to you, but the thing is, yes, several holdout American states still grant one the right to sue the man or woman his spouse picked to fulfill his lust. Such a suit is called “Alienation of Affection”. Alienation of affection is based on the idea that some third party maliciously interfered with the marriage and destroyed it.
And sure enough, this type of civil suit is still being permitted in North Carolina, Mississippi, and Utah. For instance, a woman was awarded $9 million against her husband’s mistress in North Carolina.