Cheating is (was) a serious crime.

Cheating (Adultery) in Michigan is a felony, which is a serious crime punishable by more than one year in prison. So how come are prisons are not filled with cheating spouses?


The Answer is because the crime has not been enforced since 1884.

The adultery (cheating) statute is found in the Michigan Compiled Laws 328 of 1931, which is published in section 750.30 of the Michigan Penal Code and provides as follows:

“Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable for the same punishment.” 

However, there are no published cases addressing a conviction for adultery since 1884. 

The adultery law is still on the books and is sometimes used as a basis to deny insurance (for example, the car accident took place during the commision of a felony).

The truth is no one gets convicted of adultery. However, adultery and “fault” can impact a divorce case when dividing property or awarding alimony and in limited circumstances, can even impact a child custody determination.

Cheating can also make settling a divorce case more difficult as it can result in an emotional reaction (anger) which is not conducive to settling a case.

The best advice is to not cheat and if you have, its time to talk.

Let it be our privilege to help you navigate your situation.

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I have been exclusively practicing divorce and family law in Michigan for almost 30 years. The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles.  We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances. That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.


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