Adultery is when a spouse has a sexual relationship outside the marriage. Some states still require one spouse to allege fault, or that one spouse has acted in a way that justifies a divorce. In states where fault is required or allowed, adultery can be the reason for your divorce.

What constitutes adultery in divorce?

Legally adultery is defined as “voluntary sexual relations between an individual who is married and someone who is not the individuals spouse”.

What states consider adultery in divorce?

Adultery laws, which make sexual acts illegal if at least one of the parties is married to someone else: Alabama, Arizona, Florida, Georgia, Idaho, Illinois, Kansas, Massachusetts, Michigan, Minnesota, Mississippi, New York, North Dakota, Oklahoma, South Carolina, Utah, Virginia and Wisconsin.