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

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.

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.

Quick facts

  • Typical Fees: Varies by attorney and location.
  • Jurisdiction: Family law courts.
  • Possible Penalties: May affect divorce settlements and custody arrangements.

Key takeaways

Frequently asked questions

Extramarital refers to any relationship outside of marriage, while adultery specifically involves sexual relations.