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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