Monday, February 7, 2011

Adultery and Divorce: Will You Go to Jail AND to Hell?

Have you ever seen a sign like this one?  The sign pictured above, about the eternal, everlasting consequences of adultery, reportedly appears outside a Texas church.  But laying aside the question of what God will do to you, if you commit adultry, have you ever wondered whether or not adultery constitutes a criminal law violation, too?  In other words, could your worthless spouse, "Sluggo," go to jail, (as well as to Hell), if he cheats, too?
The answer depends, in part, on which state you live in.  In other words, not every state still criminalizes adultery, infidelity, or cheating.  So, you would need to consult with a divorce attorney, (or a criminal defense lawyer), in your state to get a definitive answer to this question.
But I can tell you a little bit about Georgia law.  (As you know, I am a divorce lawyer in Augusta, Georgia.  I also was a state and federal prosecutor before I went into private practice and became a divorce lawyer with my oldest son).  As to cheating and "running around" in the State of Georgia, I can tell you that, based upon my experience as a former prosecutor, while adultery is technically still "on the books" as a crime in this state, it is rarely enforced by prosecutors.
Of course, even if you don't go to jail, you should also know that adultery is nonetheless a fault ground which may have a devastating impact on your divorce, including its potential impact on issues involving child custody, alimony, and property division.  So, please don't read this post and think, for even a minute, that adultery won't cause you, or Sluggo, any problems!  
After all, it might also be your misfortune that your local D.A. may decide to dust off the criminal law books and make you an example by prosecuting you for committing adultery!  As always, please consult with your own divorce attorney about your situation and about the impact of adultery in your case. 
Here's also hoping that Sluggo will straighten up before God or the D.A. get him, too!


  1. The state really should have nothing to do with who I sleep with, marry, or hang out with, to be honest. Thanks for the info, good post!

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