Simple English definitions for legal terms
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Spouse-breach: When a married person has sex with someone who is not their spouse, it is called spouse-breach or adultery. It is usually not allowed and can cause problems in a marriage. In some places, it is even against the law. If someone commits spouse-breach, it can be a reason for their spouse to ask for a divorce or for a court to give them less property in a divorce settlement. It can also affect child custody decisions.
Definition: Spouse-breach is another term for adultery, which refers to voluntary sexual intercourse between a married person and someone who is not their spouse. While it is considered a crime in some jurisdictions, it is rarely prosecuted. In states that allow fault divorce, proof of adultery can be used as a ground for divorce. Adultery can also be used as a reason to reduce the offending spouse's share of marital property in a divorce settlement. In the past, judges often viewed adultery as a reason to deny the offending spouse primary custody of a child in a child-custody dispute, but today, only the negative impact of immoral behavior on the child is typically considered relevant.
Examples: If a married man has sexual relations with a woman who is not his wife, he is committing adultery. Similarly, if a married woman has sexual relations with a man who is not her husband, she is also committing adultery. Adultery can also occur between two people who are both married to other people, which is known as double adultery. Incestuous adultery refers to adultery committed by closely related individuals. Open and notorious adultery is when the parties reside together publicly, as if married, and the community is generally aware of the living arrangement and the fact that the couple is not married. Single adultery is when only one of the persons involved is married.
Explanation: These examples illustrate the definition of adultery, which is voluntary sexual intercourse between a married person and someone who is not their spouse. Double adultery, incestuous adultery, open and notorious adultery, and single adultery are all different types of adultery that can occur. These examples show that adultery can involve people who are married to other people, closely related individuals, or unmarried individuals. They also demonstrate that adultery can have legal consequences, such as being used as a ground for divorce or reducing a spouse's share of marital property.