questions & answers

Question: i am going thru a divorce and i am still legally married but my wife is sleeping around and has been for some months. is that adultry? we havent lived together for 4 months and she has been sleeping around the whole time? is there anything i can do in court?

Answer:

The definition for adultry can be found under ARS 13-1408.

A. A married person who has sexual intercourse with another than his or her spouse, and an unmarried person who has sexual intercourse with a married person not his or her spouse, commits adultery and is guilty of a class 3 misdemeanor. When the act is committed between parties only one of whom is married, both shall be punished.

B. No prosecution for adultery shall be commenced except upon complaint of the husband or wife.

If you would like to know if you have any legal options please consult an attorney.