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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 Utah, adultery is considered a crime under the state's criminal statutes. Specifically, it is classified as a class B misdemeanor according to Utah Code § 76-7-103. Despite being a criminal offense, prosecutions for adultery are rare. In the context of divorce, Utah is a no-fault divorce state, which means that the court does not require parties to prove fault, such as adultery, to obtain a divorce. Instead, a spouse may simply cite irreconcilable differences. However, adultery can still have an impact on certain aspects of the divorce proceedings. For instance, while it generally does not affect the division of marital assets, which is typically done equitably, it can be a factor in alimony decisions if the adultery has financially impacted the non-adulterous spouse or affected the marital estate. Additionally, if the adultery has had a detrimental effect on the children, it could potentially influence child custody determinations.

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Divorce

adultery

Individual & Family Legal Plan

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Utah State Code

Utah State Code

Divorce

adultery

Articles