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Is Adultery Against The Law?

Rusty Applegate | December 3, 2009

Anyone who paid attention during religion class is probably familiar with the Ten Commandments and the specific restrictions that come along with them. While some might be a bit harder to follow than others, one of the more reasonable rules that sticks out in the minds of many is the commandment to avoid committing adultery at all costs. Adultery is a violation that comes with its own unique set of ethical ramifications. While from a technical standpoint, it might be akin to coveting thy neighbor’s donkey and stealing jelly beans from thy drugstore’s candy aisle, adultery is generally considered to be a far more immoral act than some of its adjacent biblical restrictions.

Many people tend to regard adultery as a truly hurtful, unethical act. Those who consider the husband-wife trust sacred are often appalled to learn of stories where one spouse cheats on the other or acts in an inappropriately with a member of the opposite (or in some cases, very same) sex. Of course, in the grand scheme of improper behavior, the lines of what constitutes adultery are often logistically and morally blurred. Some people are of the impression that while sexual relations between a married person and someone other than his spouse should constitute adultery, anything short of actual sex ought to be considered a free pass. Conversely, those who fall on the opposite end of the spectrum might regard the simple act of enjoying pornography behind a spouse’s back as one that constitutes some form of adultery. While it can be difficult to define adultery in a complete and absolute fashion, most people will agree on one thing: Those who engage in inappropriate activities with people other than their spouses tend to know perfectly well that they are, indeed, doing something that is morally wrong. The question is: Are they doing something that is legally wrong?

Rusty Applegate is a South Carolina attorney with more than 30 years of experience under his belt, and according to him, adultery is, from a technical standpoint, against the law. However, adultery is also one of those laws that are rarely, if ever, enforced. In fact, in all his years of practice, Applegate has never seen this rather antiquated law prosecuted or punished by law. So while many would be quick to agree that adultery is morally repulsive, few would be quick to assign legal consequences to such action.

While the act of adultery itself might not actually be punishable by law, in South Carolina, it can very well be grounds for a faster divorce. While normal divorce proceedings involve a mandatory one-year separation period between spouses, in the case of adultery, the waiting period is waived in favor of an expedited process. Adultery is also legally regarded as a bar to alimony; a wife who cheats on her husband will be deemed ineligible to receive any form of monetary compensation from him following their martial separation. Furthermore, from a legal standpoint, adultery is considered wholly unjustifiable. This means that a woman who cheats on her husband can’t claim neglect or emotional abuse as validation for her adulterous actions. Similarly, a woman who commits adultery in order to take revenge on her husband for initially committing the same act will not be cut any legal slack as far as alimony is concerned. According to South Carolina law, two wrongs don’t make a right, and adultery, even in a strictly retaliatory form, is never financially forgiven.

So there you have it — from a practical standpoint, adultery is not against the law. However, it clearly does come with its fair share of legal, not to mention moral, ramifications. If you do decide to commit adultery, then chances are, you’ll never find yourself being forced to parade around town sporting a scarlet “A.” On the other hand, the fact that you’ll probably spend the rest of your life walking around with that guilty weight on your shoulders just might be enough to dissuade you from violating one of the greatest no-nos known to man.

This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.

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About Rusty Applegate

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Rusty Applegate is a South Carolina attorney who has spent the past three decades practicing law. While he is equipped to handle a variety of legal matters, Applegate's primary focus is family law. From divorce proceedings to adoption to child support, Applegate's goal is to provide his clients with a winning combination of compassion and legal expertise.

William R. Applegate, Attorney at Law

1622 Sunset Blvd
West Columbia,SC 29169
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2 Comments

  1. Adultery is often unknown, and as the spouse of a major athlete recently found out, this puts one at great risk for STDs.

    getSTDtested – December 21, 2009 , 4:59 PM

  2. Adultery is often unknown, and as the spouse of a major athlete recently found out, this puts one at great risk for STDs.

    getSTDtested – December 21, 2009 , 9:59 PM

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