Is adultery punishable by imprisonment?

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Is adultery punishable by imprisonment?

My daughter-in-law from NJ met a (unmarried) man from MIon-line and began a cyber relationship Without notice she moved to MI to be with him, leaving my son and the rest of the family to wonder what was going on. This has been 2 years ago and my son wants to move on with his life through divorce. My son was told that there is a law in MI that adultery is punishable by imprisonment, so he thinks he can have this man charged and locked up. Are we bound by NJ law or MI law on this issue?

Asked on September 23, 2011 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your son and for the issues surrunding their marriage.  He is correct that Michigan has on its books a criminal law involving adultery.  The compklaint must be filed by the spouse - so your son - but he has to worry about jurisdiction over the parties and the issue to bring the case in Michigan.  Now, what is definitely a problem here for him is what is known as the statute of limitations.  Here is the law in Michigan surrounding that issue:

"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." 

While I can surely understand how he is feeling, it is good that he foubnd out early on if his wife was not going to be committed to the marriage.  Good luck to him.


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