Legal Definitions - single adultery

Single Adultery

In legal contexts, particularly within family law, single adultery refers to a specific instance or a limited period of voluntary sexual intercourse between a married person and someone other than their spouse. The term emphasizes that the infidelity involved one specific extramarital partner and was not part of a broader pattern of multiple affairs or continuous infidelity with various individuals. While the legal implications of adultery vary significantly by jurisdiction—some states no longer consider it a factor in divorce, while others may—the "single" aspect can sometimes be relevant for evidentiary purposes or when assessing the nature of marital misconduct.

Here are some examples illustrating single adultery:

• Example 1: A One-Time Encounter

  During a business trip, Mr. Henderson, who is married, has a single sexual encounter with a colleague from another company. Upon returning home, he confesses to his spouse. This situation would be considered single adultery because it involved one isolated incident of infidelity with one specific person, rather than an ongoing affair or multiple partners.

• Example 2: A Brief, Exclusive Affair

  Ms. Davies, while married, developed a romantic relationship with a new acquaintance that included sexual intercourse over a period of three months. After this time, she ended the relationship and had no further extramarital contact. This scenario exemplifies single adultery because, despite occurring over a period, it was an exclusive affair with one individual, distinct from a pattern of infidelity involving multiple partners.

• Example 3: Proving a Specific Ground for Divorce

  In a state where adultery remains a "fault" ground for divorce, Mr. Chen seeks to divorce his wife, alleging infidelity. He presents evidence, such as text messages and hotel receipts, proving that his wife had one specific sexual encounter with a former college friend during a weekend getaway. This evidence would likely be presented as an instance of single adultery, focusing the legal argument on that particular event rather than needing to establish a continuous, long-term affair or multiple instances of infidelity with different people.