Legal Definitions - avowtry

Avowtry is an older, less commonly used legal term that refers to the act of adultery. In modern legal contexts, the term "adultery" is almost exclusively used. It describes voluntary sexual intercourse between a married person and someone other than their spouse.

Historically, avowtry could carry significant social and legal penalties, sometimes even criminal charges. Today, while it is rarely a criminal offense, it remains a relevant concept in family law, particularly in divorce proceedings, where it can sometimes influence aspects like alimony or property division, depending on the jurisdiction.

• Example 1: Divorce Proceedings

  Imagine a situation where Maria files for divorce from her husband, David. During the divorce process, Maria presents evidence that David has been regularly engaging in sexual relations with a colleague from work for the past year. In this scenario, David's actions constitute avowtry (adultery).

  This example illustrates avowtry because David, a married individual, voluntarily engaged in sexual intercourse with someone other than his spouse. In some jurisdictions, Maria might be able to cite this avowtry as grounds for a fault-based divorce, which could potentially impact the division of assets or spousal support.

• Example 2: Professional Conduct Review

  Consider a high-ranking military officer, Captain Lee, who is married. It comes to light that Captain Lee has been involved in a long-term sexual relationship with a subordinate officer, who is also married. While not a criminal offense in civilian law, military regulations often have strict codes of conduct regarding personal relationships, especially those involving adultery or fraternization.

  This situation demonstrates avowtry because Captain Lee, a married person, engaged in voluntary sexual intercourse with someone who is not his spouse. In a military context, such an act, particularly with a subordinate, could lead to disciplinary action, including demotion, discharge, or other penalties, due to its impact on unit cohesion, good order, and discipline, even if it's not prosecuted as a civilian crime.