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Understanding Extramarital: Legal Definitions and Consequences
Definition & Meaning
The term extramarital refers to a relationship involving a married person and someone who is not their spouse. Such relationships are generally considered inappropriate and can lead to legal consequences, particularly in family law contexts. Extramarital affairs may affect divorce proceedings, custody arrangements, and claims related to marital assets.
Table of content
Legal Use & context
Extramarital relationships are relevant in various legal areas, especially:
Family Law: They can impact divorce settlements and custody decisions.
Civil Law: May lead to claims for alienation of affection or other torts.
Criminal Law: In some jurisdictions, adultery can be a criminal offense.
Users can manage related legal forms for divorce or custody using templates from US Legal Forms, which are drafted by licensed attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A married individual begins a romantic relationship with a coworker. This relationship can lead to complications in divorce proceedings, where the spouse may seek a larger share of marital assets due to the extramarital affair.
Example 2: A couple is going through a divorce, and one spouse's extramarital relationship is cited as a reason for the breakdown of the marriage, affecting custody arrangements for their children. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Legal Implications of Extramarital Affairs
California
Adultery does not affect divorce settlements.
North Carolina
Extramarital affairs can lead to alienation of affection claims.
New York
Adultery can be grounds for divorce but does not influence asset division.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Adultery
Engaging in sexual relations with someone other than one's spouse.
Often used interchangeably with extramarital but specifically refers to sexual acts.
Infidelity
Breach of trust in a relationship, which may or may not involve sexual relations.
Broader term that includes emotional affairs.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation involving an extramarital relationship, consider the following steps:
Assess the impact on your marriage and any legal proceedings.
Consult a legal professional to understand your rights and options.
Explore US Legal Forms for templates related to divorce or custody arrangements.
For complex matters, seeking professional legal help is advisable.
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