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Divorce

adultery

Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.

In Idaho, adultery is defined under Idaho Code § 18-6601 as the voluntary sexual intercourse of a married person with a person who is not the spouse of the offender. Adultery is considered a felony in Idaho, which is quite unique as many states do not criminalize adultery. However, the enforcement of this law is rare. In terms of divorce proceedings, Idaho is a mixed state, meaning that it allows for both no-fault and fault-based divorces. While the primary ground for divorce is irreconcilable differences, which is a no-fault ground, adultery can be considered as a fault ground under Idaho Code § 32-603. If adultery is proven, it may affect the division of assets and possibly alimony, as the courts in Idaho have the discretion to consider the circumstances that led to the breakdown of the marriage when making decisions regarding the division of marital property and spousal support.

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Divorce

adultery

Individual & Family Legal Plan

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Idaho State Code

Idaho State Code

Divorce

adultery

Articles