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 Indiana, adultery is not a criminal offense, but it can be considered as a factor in divorce proceedings. Indiana is a 'no-fault' divorce state, which means that a couple can divorce without the need to prove fault or wrongdoing by either party. However, the conduct of the parties during the marriage, including adultery, can be relevant in certain aspects of the divorce. For instance, while Indiana courts generally divide marital property in a manner that is equitable, which does not necessarily mean equal, the court may consider adultery when deciding on property division or alimony. It's important to note that the impact of adultery on divorce proceedings can vary depending on the specific circumstances of the case, and an attorney can provide guidance on how it may affect an individual situation.