Adultery, though seldom prosecuted, remains a criminal offense in Massachusetts. It’s crucial to understand this within the broader context of Massachusetts General Laws Chapter 272, Section 14. This law states that a married person engaging in sexual intercourse with someone other than their spouse, or an unmarried person doing the same with a married individual, is guilty of adultery.
This act is classified as a Concurrent Felony, punishable by up to three years in state prison or two years in jail, or a fine of up to five hundred dollars.
The Last Known Case: Commonwealth v. Stowell
In 1983, the Supreme Judicial Court reviewed Commonwealth v. Stowell, a case involving a married woman found in a sexual act in a van with a man not her husband. Both parties were fined $50, with the Supreme Judicial Court upholding the conviction. This case underlines the seriousness with which Massachusetts historically viewed adultery, although modern application of this law is rare.
Adultery in Divorce Proceedings
While adultery does not directly influence alimony awards in Massachusetts, it can affect child custody arrangements if the adultery is shown to harm or impair the children. In contrast, it’s merely a consideration factor in alimony awards.
Moreover, for couples contemplating living apart without immediately proceeding to divorce, understanding the nuances of separate support in Massachusetts can be crucial in making informed decisions
The Consequence of Forgiveness
The concept of forgiveness plays a pivotal role in adultery cases. If a spouse continues to cohabit with the adulterous partner after learning about the affair, it’s deemed as condoning the behavior, rendering adultery ineffective as a divorce ground. However, recurring affairs or new discoveries of infidelity reset this dynamic, allowing for adultery to be considered again in divorce proceedings.
Dealing with Co-respondents
Involving a co-respondent, the person alleged to have committed adultery with one’s spouse, introduces complexities. If allegations are unfounded, the accused party may sue for defamation. This potential legal repercussion necessitates absolute certainty of facts before citing adultery in a divorce case.
Public Nature of Proceedings
Adultery cases often escalate bitterness in divorce proceedings. Details such as names, dates, and places become part of public documents and court arguments, making these proceedings particularly invasive and public.
Proving Adultery in Court
Proving adultery requires more than just suspicion. It involves establishing both disposition and opportunity. Public displays of affection might suggest an adulterous disposition, while evidence of overnight stays or similar circumstances can indicate opportunity. However, proving only one aspect might not be sufficient for the courts, as they could dismiss it as speculation.
Adultery in the Context of No-Fault Divorce
Massachusetts is a no-fault divorce state, meaning most divorces cite an irretrievable breakdown of the marriage. While adultery can be listed as a reason for divorce, it’s often alongside other grounds due to the complexity of proving adultery and the public nature of the proceedings.
FAQ
1. Can adultery affect the division of property in a divorce case?
Adultery may influence property division if financial misconduct related to the affair is evident.
2. Is it necessary to prove adultery for a divorce in Massachusetts?
No, Massachusetts is a no-fault divorce state, so proving adultery is not necessary for a divorce.
3. How does Massachusetts law define adultery?
Adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse.
4. Can adultery be used to negotiate a better divorce settlement?
While it may influence certain aspects, it’s not a guaranteed leverage for a better settlement.
5. Are there any privacy protections for the accused in adultery cases?
Divorce proceedings are public, but certain sensitive details may be sealed by court order.
6. How long do I have to file for divorce after discovering adultery?
There’s no specific time frame, but delays can be interpreted as condoning the adultery.
7. Can text messages and emails be used as evidence of adultery?
Yes, digital communications can be used as evidence if they suggest the occurrence of adultery.
Conclusion
Understanding adultery and its implications in divorce law in Massachusetts is crucial for anyone navigating these personal and legal complexities. While the law still recognizes adultery as a serious offense, its practical application in divorce cases is nuanced, often overshadowed by no-fault divorce proceedings, and fraught with potential legal and personal complications.