Taking Action

Get Answers Start Your Divorce Stop Your Divorce Divorce Forms Online Support DivorceDesk

Divorce Tools

Online Divorce Online Negotiation Custody Tracker QDRO Preparation SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

State Resources

California Florida Illinois New York Texas SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Generate Clients Free Network Page Submit Articles Case Management Sign In

The Divorce Encyclopedia

Term Definition Adultery - when one spouse has sexual intercourse with a third party.
Application in Divorce In some cases in recent years, courts have broadened the interpretation of the meaning of the word adultery to include a personal intimate sexual relationship with any other person other than the spouse without regard to specific sexual acts, the marital status or the sex of the third party. In this, the relationship becomes adulterous because it involves intimate sexual activity outside of marriage. By this reasoning, homosexual liaisons by married people become adulterous.

In some states and provinces adultery is considered grounds for divorce.

Courts once used adultery to punish the guilty because it was the sole ground for divorce in some jurisdictions.

Today courts focus more on the economic impact of adultery. In most states, marital misconduct or fault, such as adultery, is not considered, however. For example, committing adultery typically will not have a bearing on whether a parent can get custody of his or her child because it takes two people to do it. No one ever committed adultery alone. The logic of two-to- tango removes marital fault from consideration and allows the court to focus on other more relevant factors in making the best decision.

Judges now pay more attention to the economic impact of marital misconduct, such as the dissipation of assets or, worse, the hiding of assets.

Add the Divorce Encyclopedia
to Your Website

The Research Center

Give Our Research Center a Try. Gain access to the same research material that lawyers often use to establish and win divorce cases. This material consists of legal journal articles and case explanation/analysis documents on a wide range of topics. If you think your situation is unique, your answers will most likely be here. In order to gain access to this area, you must establish an account, but you can search the documents before deciding.

The Divorce Source Difference

Since February 1st, 1997 (when we initially launched Divorcesource.com) we have helped millions of people contemplating or experiencing divorce. The reason we have been able to reach so many people is because we have made it a priority to listen to our customers. We have built a trust by listening and delivering what the customer needs, rather than what we think they want. This is the Divorce Source difference.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

Custody Scheduling and Tracking

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for Divorce


Settle Your Divorce Negotiate Your Divorce


Track Child Custody Track Custody & Visitation

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site