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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 South Dakota, adultery is defined under state law as a Class 2 misdemeanor. According to South Dakota Codified Laws (SDCL) 22-22-1, adultery occurs when a married person voluntarily has sexual intercourse with someone other than their spouse. While adultery is technically a criminal offense, it is rarely prosecuted. In the context of divorce, South Dakota is a no-fault divorce state, meaning that the courts do not consider fault, including adultery, when granting a divorce. However, adultery may have an indirect impact on divorce proceedings, particularly in matters related to alimony and the division of property. The court may consider the circumstances of the adultery when making decisions about alimony, but it generally does not affect the equitable distribution of assets unless the adulterous behavior had a direct impact on the financial status of the marital estate.

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Divorce

adultery

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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South-Dakota State Code

South-Dakota State Code

Divorce

adultery

Articles