What states is it a felony to cheat on your spouse?

Asked by: Felicita Haag  |  Last update: June 23, 2025
Score: 4.7/5 (59 votes)

Here's the full list of states where it's still illegal to cheat on your spouse, according to Woman's Day. According to The Week, most states just consider this a misdemeanor, but not in Massachusetts. It's a felony in the Bay State as well as in Idaho, Massachusetts, Michigan, Oklahoma, and Wisconsin.

In what states is it illegal to cheat on your spouse?

California is an example of a state that does not criminalize adultery. Like many other states, California is a no-fault state.

What is the difference between adultery and cheating?

Adultery specifically requires sexual intercourse. Cheating is a much broader term that includes all sorts of romantic behaviors that are considered forbidden in a committed relationship, such as making out.

Can you go to jail for cheating on your spouse?

Adultery is technically a crime in the eyes of the partner and not in the eyes of law and hence no jail. Though it can be a valid ground of divorce if proven.

What are my rights if my husband cheated on me?

So, to be clear: the court does not afford you specific rights if there was cheating but infidelity can tip the scales in your favor and impact your case. This may include changing property division and also allow for certain temporary injunctions while your divorce for cheating case is pending.

What Rights Do You Have If Your Spouse Cheats On You?

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Is it illegal for a married man to cheat on his wife?

Although New York may be one of the more surprising states on the list, extramarital sex is considered a crime in 16 states and Puerto Rico. In those places, adultery is very rarely prosecuted, but the laws are strictest in Michigan, Oklahoma and Wisconsin, where adultery is considered a felony.

Can I sue my spouse for cheating?

The current law means you cannot sue your spouse for having an affair or press criminal charges. However, there are exceptions if the situation is extreme or turns violent.

Is cheating illegal in Florida?

Although not specifically defined in Florida law, courts generally define adultery as voluntary sexual intercourse between a married person and someone other than that person's spouse. Adultery is a crime in Florida, so the state could prosecute you for the misdemeanor if your spouse catches and reports you.

What is the punishment for adultery in the USA?

In USA, laws vary from state to state. Although rarely prosecuted, but adultery is still on the statute books and penalty may vary from a fine of few dollars to even life sentence. But in US military, it is an impending court-martial crime.

Is cheating on your spouse a sin?

Infidelity may be known by many other names, like adultery, unfaithfulness, and betrayal, which are all sins in the Bible. The sin of adultery is not just against your spouse, but it is a sin against yourself and can lead to the destruction of your faith and spirituality.

Does adultery include kissing?

2. Adultery covers all types of sexual behaviour. Legally, adultery only covers sexual intercourse, which means behaviours such as kissing, webcam, virtual, and “emotional adultery” do not count for the purposes of getting divorced. This makes adultery very hard to prove if your spouse will not admit to it.

Where do most affairs start?

The 6 most common places where affairs start
  • In the office. The workplace is traditionally the place where people have the most affairs, Macleod said. ...
  • At the gym. ...
  • On social media. ...
  • Through a social circle. ...
  • At a volunteering gig. ...
  • In church.

Is adultery an unforgivable sin?

Marital infidelity is not an unforgivable sin. The reason is that there is no such thing as a sin that cannot be forgiven. At least within Catholicism, as I understand it, any act whatsoever can be forgiven if one confesses that act with appropriate contrition and receives the sacrament of absolution.

What states honor adultery?

States which have decriminalised adultery in recent years include West Virginia (2010), Colorado (2013), New Hampshire (2014), Massachusetts (2018), Utah (2019), Idaho (2022), Minnesota (2023), and New York (2024).

Can you go to jail for cheating on your spouse in the military?

You could face imprisonment for a period of up to 12 months in a military brig.

Is sexting considered adultery in Virginia?

Adultery. Sexual infidelity where a party has had sexual relations with someone other than their spouse. Flirting, sexting, or exchanging nude photos is not sufficient. There must be actual physical intimacy.

What state can you go to jail for adultery?

Although adultery is a misdemeanor in most of the states with laws against it, some including Michigan and Wisconsin categorize the offense as a felony. Punishments vary widely by state. In Maryland, the penalty is a paltry $10 fine. But in Massachusetts, an adulterer could face up to three years in jail.

Is sexting considered adultery in Georgia?

What is Adultery in the State of Georgia? By wording it specifically as “sexual intercourse,” the state of Georgia defines adultery pretty narrowly. Forms of intimacy other than that, such as sexting, kissing, or heavy flirtation are not legally considered adultery.

Is cheating illegal in Texas?

Adultery is not a crime in Texas, but it can influence divorce settlements. Infidelity can affect property division, spousal support, and child custody. Clear and convincing evidence is required to prove adultery in court.

What state can you sue for cheating?

[2] The states other than North Carolina in which “homewrecker lawsuits” can be brought are Hawaii, Mississippi, New Mexico, South Carolina, and Utah.

Can text messages prove adultery in Florida?

Evidence of adultery can include:

Emails, text messages, or other electronic communications: If the spouse has electronic evidence of the adultery, it can be presented in court.

Can you sue someone for sleeping with your spouse in Florida?

Florida law abolished the rights to sue for alienation of affection, criminal conversation, seduction, or breach of contract to marry in 1945. Presently, suing for intentional infliction of emotional distress is the only legal recourse against someone who interferes in a marriage.

What states are homewrecker laws in?

Have you ever wanted to sue someone you believe broke up your marriage -- a "homewrecker?" Well, in six states -- Hawaii, Illinois, New Mexico, North Carolina, Mississippi, South Dakota, and Utah -- you can. In those six states, the "Alienation of Affection" claim is an option.

Is sexting considered adultery in Florida?

No, sexting is not adultery as defined by criminal laws. Adultery crimes must involve sexual intercourse. However, sexting could be used as evidence in an adultery prosecution or divorce proceedings (if allowed).

How to prove a spouse is cheating?

Provide evidence.

Using photos, sexting dialogue on your spouse's phone, credit card statements with mysterious charges, hidden email accounts, or dating apps on their phone to hook up with others, you can prove the affair. Show them that evidence.