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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 Montana, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. While adultery can be a significant factor in the breakdown of a marriage, Montana is a no-fault divorce state. This means that a spouse does not need to prove the other spouse's misconduct, such as adultery, to obtain a divorce. Instead, the spouse seeking a divorce only needs to state that the marriage is irretrievably broken. Consequently, adultery does not typically play a direct role in the division of assets during a divorce. The courts in Montana divide marital property based on the principle of equitable distribution, which aims to divide assets fairly, though not necessarily equally, based on a variety of factors. However, marital misconduct, including adultery, is generally not one of these factors, unless the adultery had a significant impact on the financial status of the marriage, such as through the dissipation of marital assets.

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Divorce

adultery

Individual & Family Legal Plan

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Montana State Code

Montana State Code

Divorce

adultery

Articles