Does Cheating Affect Alimony? Adultery in Michigan

Does Cheating Affect Alimony? Adultery in Michigan

Does Cheating Affect Alimony? Adultery in Michigan

In Michigan, cheating on your spouse is a felony. As a rule, felonies are crimes punishable by a minimum of one year in jail. Contrary to popular belief, adultery is still a crime in Michigan. However, the application of the statute can lead to an unfair result. Here we will explain how cheating affects alimony.

When it comes to divorce, Michigan is a“no fault”. Because Michigan is a no-fault state, it doesn’t matter who’s at fault for the divorce.  However, adultery can have an impact on the divorce proceedings.  In Michigan, adultery is defined as “the sexual intercourse of 2 persons, either of whom is married to a third person.” Furthermore, Adultery is a felony-level crime in Michigan. However, it can only be prosecuted if the spouse who is being victimized by the adultery files a criminal complaint. In addition, this complaint must be filed within a year of the offense.

Getting Proof of Cheating = More Alimony and Assets

Though it may be tempting to follow your spouse around with a camera, this evidence is not exactly obtained legally. As guilty as your spouse is of adultery, you are also guilty of stalking. Photo evidence may still be considered if obtained legally. How? Hire a Private Investigator. Private Investigators are licensed and can obtain legal and confidential evidence proving adultery and helping your case.

MICHIGAN ADULTERY LAW:

The adultery statute is found in the Michigan penal code Act 328 of 1931. Which is published in section 750.30 of the Michigan Compiled laws:

“Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable for the same punishment.”

The Adultery Rules:

  • Married and commit adultery, you have committed a crime.
  • Single man commits adultery with a married woman, he has committed a crime.
  • Single woman commits adultery with a married man she is not guilty of a crime.

So, why aren’t the jails are not packed solid with cheating spouses? That’s because the Michigan adultery statute is never enforced. Don’t lose hope! Adultery can still be relevant in your divorce and alimony case.

THE MICHIGAN PENAL CODE (EXCERPT)

750.29 Adultery; definition.
Sec. 29.
Definition – Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person.

750.30 Adultery; punishment.
Sec. 30.
Punishment – Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable to the same punishment.

750.31 Adultery; complaint and time of prosecution.
Sec. 31.
Complainant and time prosecution to be commenced – No prosecution for adultery, under the preceding section, shall be commenced, but on the complaint of the husband or wife; and no such prosecution shall be commenced after 1 year from the time of committing the offense.

750.32 Adultery; cohabitation of divorced parties.
Sec. 32.
Cohabitation by divorced parties – If any persons after being divorced from the bonds of matrimony for any cause whatever, shall cohabit together, they shall be liable to all the penalties provided by law against adultery.

In Conclusion, Cheating is a felony in Michigan. Find out how Eye Spy can help you with your case. Call the Michigan Private Investigators at Eye Spy Detective Agency today at (888) 393-7799. For more information visit our website at www.EyeSpyInvestigations.com

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