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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 North Dakota, adultery is defined under North Dakota Century Code 12.1-20-07 as an individual who 'lives openly and notoriously with a person of the opposite sex as a married couple without being married.' Adultery is considered a class A misdemeanor in North Dakota. However, when it comes to divorce proceedings, North Dakota is a 'no-fault' divorce state, meaning that the courts do not consider the fault of either party when granting a divorce. The no-fault system allows for a divorce based on irreconcilable differences, and the conduct of the parties, including adultery, typically does not factor into the division of assets unless it can be shown that the adulterous behavior had an economic impact on the marital estate. Therefore, while adultery is a criminal offense in North Dakota, it has limited impact on divorce proceedings in terms of asset division.

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Divorce

adultery

Individual & Family Legal Plan

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North-Dakota State Code

North-Dakota State Code

Divorce

adultery

Articles