Is it Illegal to Cheat on your Spouse?

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While California is a no-fault state, and adultery is not punishable by the law, there are still states that consider adultery illegal.

Adultery is defined as voluntary sexual intercourse between a married person and a person who is not his or her spouse.

According to a 2015 Woman’s Day article, there are still quite a few states where you can get in legal trouble for cheating on your spouse.

1. Arizona: Cheating is a Class 3 misdemeanor, punishable by up to 30 days in jail.
2. Florida: Cheating can cost you up to two months and jail and a fine of up to $500.
3. Kansas: Cheating is a Class C misdemeanor, punishable by up to 30 days in jail and a fine of up to $500.
4. Illinois: Cheating is punishable by up to a year in jail for both cheaters.
5. Oklahoma: Cheating is punishable by up to 5 years of incarceration and a fine of up to $500.
6. Idaho: Adultery can come with a fine of up to $1,000 and up to 3 years in jail.
7. Michigan: It is a felony to cheat in Michigan, and punishable by “jail or other intermediate sanction”.
8. Wisconsin: The price to pay in Wisconsin can be up to $10,000 and up to 3 years in jail.
9. Minnesota: If you get caught cheating in Wisconsin, you could be fined up to $3,000 and imprisoned for up to a year.
10. Utah: Cheating can cost you up to 6 months in jail and a fine of up to $1,000.
11. New York: Cheating could result in up to a jail sentence of 3 months.
12. Mississippi: Cheating on your spouse could wind up costing you up to $500 each and a sentence of up to 6 months.
13. Georgia: Thinking about cheating on your spouse? You may face a fine of up to $1,000 or a jail sentence of up to a year.
14. South Carolina: Cheating can lead you to a 6 month, up to a year sentence, and a fine between $500 and $1,000.
15. North Carolina: Cheating in North Carolina could lead you to a 30 day trip to jail.

While cheating on your spouse is almost never prosecuted in the United States anymore, there still are states that are considered “fault states”. In no-fault state, like California, the reason for divorce is usually “irreconcilable differences”. In fault states, a person may list “adultery” as the reason for divorce, and it may effect things like spousal support.

San Diego Divorce Attorneys
Call Doppelt and Forney, APLC for a free consultation at 800-769-4748 for assistance with your divorce, legal separation or paternity case. We represent clients in family law court in all of the court houses in San Diego County including downtown, Vista, Chula Vista and El Cajon. We proudly serve clients in San Diego and surrounding communities, including Chula Vista, Coronado, Carlsbad, Encinitas, La Jolla, Oceanside, Ramona, San Marcos, and Vista.