Adultery laws are different in every state. Sometimes this can leave an individual helpless, confused and unaware of the help that is actually available. Here are the top 5 legal questions about adultery and infidelity that one may come to an individual’s mind and would like to ask a family lawyer.
Q. If there was no effect on children, will adultery effect on child custody arrangements after a divorce?
The court always wants the best for the children. Unless the child has suffered physically or mentally because of the affair, adultery will have no effect on child custody related issues. However, the judge will check lifestyle and note any negative actions that could affect the child in the course of the divorce proceeding. These factors will finally determine which partner is suited best for granting the child’s custody.
Q. Can alimony or custody issues be affected by adultery during marriage?
Committing adultery during marriage cannot be a strong factor to determine who gets the custody of the children. However, certain issues like having sexual contact in front of the children or leaving them alone while having a sexual affair can influence the court into thinking that the children’s lives and welfare is in danger. Ultimately, the court will grant custody only after examining the lifestyle of both the partners.
In the case of alimony too the court tries to be just. The court takes into consideration factors such as whether the individual is demanding alimony to pursue better education or employment, to solve his/ her financial problems or for medical purposes. If the court feels that the other partner in the case is disabled or sick and cannot sustain by him or herself, it may grant alimony. In most cases, age is also considered an important factor.
Q. In South Carolina, is there a statute of limitations on adultery?
Regardless of when the offense occurred, anyone who commits adultery will be punished in South Carolina. The accused is then either punished with a criminal fine or even imprisonment. Currently in USA, there are only four states that do not have a statute of limitations on adultery. This also means that after the crime is committed, a charge of adultery can be prosecuted anytime by the parties involved. But adultery laws differ from state to state.
Q. Is there a way to press charges on the individual who committed adultery with one’s spouse?
In most of the states, one cannot press charges on the individual who committed adultery with one’s spouse. But adultery committed by one’s spouse can be a strong reason to file a divorce case depending on the situation one’s into and the state where one resides.
Q. If a spouse has an affair with someone while entered into a legal separation in the state of Ohio, is it considered to be a case of adultery?
If the divorce has not been finalized legally, this could be treated as adultery. Most of the divorces are considered no-fault divorces and incompatible in many of the states and the reason for filing a divorce case doesn’t matter. But adultery has a more of an emotional impact than legal.