What are the ramifications as far as a divorce due to adultery?

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What are the ramifications as far as a divorce due to adultery?

A friend of mine has committed adultery and wants to divorce his wife. She is not going to sign papers. There is a minor child involved. What are his rights, and can she have papers signed saying another woman cannot be allowed around their child?

Asked on July 13, 2011 under Family Law, Kansas

Answers:

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

Answered 10 years ago | Contributor

Adultery - as far as I can tell - is not a ground for divorce in Kansas.  Stats in general have fault and no-fault grounds for divorce on their books as laws.  Although adultery is a ground for divorce in other states it is not in Kansas.  However, even though it is not a ground for divorce the courts can use the adultery as a factor in considering an award of spousal maintenance or alimony in Kansas.  Additionally, adultery is considered a crime in Kansas.  Yes, a crime.  The criminal statutes of Kansas define adultery as engaging in sexual intercourse or sodomy with an individual not married to the offender if the offender or the other party is married. Criminal adultery is classified as low level misdemeanor in Kansas.  So I would tell your friend to get legal help asap.


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