Adultery in Michigan: Is It Considered a Crime?
Adultery in Michigan can have more serious consequences than you might think. At ReedsAndReeds, we’ve seen how it impacts divorce cases firsthand. You might be surprised to learn that adultery is actually considered a crime in this state. Let us help you understand the implications and protect your interests in such situations.
As indicated in Michigan Legislature’s website, adultery is considered a crime in Michigan. It is classified as a felony. The law can be found in Michigan Penal Code, Act 328 of 1931, Section 750.30.
Is Adultery Illegal in Michigan?
Adultery is still considered a felony in Michigan.
Predominantly, Michigan no longer has laws against adultery. In 2017, the state decided it’s not a crime if someone has an affair outside of their marriage. This means people in Michigan won’t get prosecuted or fined for adultery.
However, cheating can still affect legal matters if a couple decides to get a divorce. Michigan is a no-fault divorce state, which means you don’t need to blame anyone to get a divorce. At its simplest, if someone has cheated, it can impact things like spousal support, dividing property, and child custody. For instance, a cheating spouse might get less financial support or a smaller share of property. Also, the courts might consider the affair when figuring out what’s best for the child concerning custody arrangements.
In short, while having an affair isn’t illegal in Michigan, it can still cause problems during divorce proceedings.
Penalties for Adultery in Michigan
Adultery is not criminally penalized in Michigan, as there are no specific laws or charges for committing it.
In general in Michigan, you don’t have to prove someone is at fault—like cheating—to get a divorce. However, cheating can still affect certain parts of the process.
When it comes to things like alimony, dividing property, and deciding on child custody, the court might consider if a spouse cheated. If you can prove your partner cheated, it might influence these decisions.
There are also laws in Michigan that deal with behavior related to cheating. Largely, for example, if cheating has hurt a child, it can affect who gets custody. Cheating can also be evidence in certain civil cases linked to infidelity.
So, while you won’t face specific penalties just for cheating, it can still have legal consequences in divorce and child custody cases. It’s important to know how cheating could impact your legal rights and responsibilities.
Understanding Michigan’s Adultery Law
Reiterating what was said before in Michigan, adultery is classified as a felony.
In essence, if someone is married and has sex with someone other than their spouse, they can be charged with a crime in Michigan. To be convicted of adultery, there must be proof of the sexual relationship and the intent to cheat. The law doesn’t say the cheating has to be ongoing to press charges. It also doesn’t clearly define what counts as adultery, but it generally means having sex with someone who is not your spouse.
Primarily, adultery laws in Michigan are rarely enforced because prosecutors focus on more serious crimes. Still, the law is there to discourage people from having affairs. Cheating can lead to serious legal problems, such as paying restitution, fines, and even jail time. It’s important for people in Michigan to know the legal risks of adultery and to think about how it could affect their marriage and family.
Adultery and Michigan Family Law
As already explained in Michigan, adultery is considered a felony and can influence divorce settlements significantly.
Essentially speaking, in Michigan, you don’t need to prove that your spouse did something wrong to get a divorce, because it’s a no-fault divorce state. However, if someone cheated (committed adultery), it can still play a role in decisions about alimony (financial support) and dividing property.
When it comes to splitting up property, Michigan aims for what’s fair, which isn’t always a 50/50 split. If cheating happened, the court might consider it when deciding who gets what. Essentially put, cheating can also influence alimony decisions. If one spouse cheated, it might change how much and for how long the alimony is given. The court looks at many things, including how both people behaved during the marriage.
Also, it’s good to know that cheating is not a crime in Michigan; it’s handled in civil court during divorce. If you’re dealing with a divorce and are concerned about cheating affecting your case, it’s best to talk to a family law attorney who can give advice specific to your situation.
How Michigan Defines Adultery
Improving our past conclusions, in Michigan, adultery is uniquely classified as voluntary sexual intercourse between a married person and someone other than their spouse.
Generally speaking, in Michigan, cheating on your spouse is unlawful and can get you up to four years in jail and a fine of up to $5,000. While it can be a reason for divorce, it’s not a crime for the person who isn’t married. Cheating can also affect decisions on alimony and child custody.
To put it briefly, to prove cheating, Michigan courts need clear evidence like witnesses or documents. Michigan law focuses on sexual affairs, not emotional or physical relationships outside marriage. In short, Michigan sees cheating as a serious violation of marriage promises with legal outcomes.
The Final Analysis
Going back to earlier points, in conclusion, adultery is not considered a crime in the state of Michigan. Although it may have legal implications in divorce proceedings, there are no criminal penalties for engaging in extramarital affairs.
What ReedsAndReeds is recommending to read about is, Michigan focuses on other aspects of family law, such as child custody and property division, rather than criminalizing adultery.
