Why isn't adultery illegal in America?

Question

Why isn't adultery illegal if the marriage was a monogous one? Legally speaking, marriage is a legally binding contract so if one were to go outside the marriage, isn't that in voilation of the monogomous contract?
Or have I misunderstood this? Is monogamy implied, not stated?

I've heard that adultery is illegal in some states but its not enforced unless someone chooses to press that charge against their spouse. (That charge being divorce.)

So, and feel free to correct my thinking, but if a marriage contract states (I'm assuming its not implied) that the marriage be monogomous, then it is illegal to commit adultery, thus the contract is termintated upon proof of the adulterous act.

Why is it a choice to enforce this law, legally speaking? I understand that from a moral point of view one spouse may forgive the other and continue the marriage, but I'm wondering what is the reasoning behind marriage contracts regarding adultery here.

Thanks.

typo: monogamous*
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I never said or implied jail or prison of adulterers. I said, "if a marriage contract states (I'm assuming its not implied) that the marriage be monogamous, then it is illegal to commit adultery, thus the contract is terminated upon proof of the adulterous act."...meaning, the termination of the marriage IS the punishment. I also never mentioned legislating morality. My point was if marriage is a contract, and adultery is in violation of the contract, someone is at fault of doing something illegal, and why is it a choice to enforce this punishment.

My thinking was if person A commits adultery in a monogamous marriage with person C, then as a consequence, person A's marriage with person B should no be longer recognized by the state (lets assume they don't have kids for the sake of simplicity).

Ha, I'm not married. Interesting that that would be assumed, though.

Answer 1

Legally speaking, marriage is NOT a contract. Marriage is a state-sanctioned union between two individuals, with certain benefits and recognitions being accorded to those in such a union.

Anyone who thinks they're in a binding marriage contract, show it to me. It simply isn't so. Yes, you got a license to enter into a legal relationship with your spouse. That's not a contract.

To make adultery illegal, you'd have to have the mindset that it's a crime against the public. Most jurisdictions now consider that a matter between the two spouses, and don't have adultery laws on the books.

Even if it was a contract (which it is not), breaching a contract is not illegal. Breach of contract allows the nonbreaching party to pursue a remedy in court. It doesn't allow them to have the breaching party jailed.

Answer 2

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Answer 3

Well, a lot of things might constitute a breach of contract between two people, but in order to enforce it, you need to sue them civilly as opposed to getting the state to punish them for breaking the law.

For example, if I had a contract with you to do your dishes every night for a year, and in return you would give me $100 a week, then I failed to do those dishes, you would have to sue me in court for failing to show up -- the police wouldn't come knocking.

Same with a marriage contract. One or both parties breach the marriage contract (usually both by the time it gets to be a divorce proceeding, technically they both said "I do" and didn't), that's why it's called suing for divorce. If one party feels that the other has breached one or more parts of their marriage contract for whatever reason and wants to get a divorce, that's how it works. It's the same general legal principle.

As far as criminalizing adultery, that's just a simple logistics problem. It's not worth enforcing, and can't be enforced even if we tried. We would have to institute a whole new FBI-sized branch of the government to monitor people's marriages and go after the adulterers.

Answer 4

You are mixing up civil law and criminal law. Contract law is part of our civil law. If you break a rule of civil law, you will suffer civil penalties. You might have to pay a large money judgment, or be ordered to return property, or be ordered to perform your part of a contract.

But you do not go to jail for breach of contract.

Instead, you are sued for your breach of the agreement. And that's pretty much what a divorce is--a lawsuit claiming that someone has breached the contract (or that both parties agree to terminate the contract) and a request for the court to determine the rights of the parties as a result of the termination of the contract.

Imposing criminal penalties on adulterers is seen by many as an unnecessary intervention of the state into the personal lives of citizens. As there is no current demand for across the board enforcement, our police resources are directed elsewhere to fight violent crime, fraud and other more urgent issues.

Answer 5

Yes there are laws in some states. Which probably would be classified as arcane now. That's just the way its evolved. Maybe because alot of law enforcement and jurist were guilty of it themselves. You cant get any mileage out of it in regards to divorce either. As far as custody of minors. It may play a role as argument to alimony but I wouldn't count on it.
Then as grounds to divorce it usually it has to be proved or the offending party has to either agree or not argue against the charge. This area/state requires witnesses in addition to an admission, try to have a couple of them around on the oft chance your spouse may be up to no good.LOL On the presumption that the couple would just be using adultery as an excuse to get a divorce quick I guess, as the divorce is immediate. Current law in fact has went to a full year of separation (was Six months) before a regular divorce is granted

Answer 6

Years ago when people practiced their Christianity and when morals were lived and practiced by more people, that law was enforced and many people went to court..... but you also didn't have all these "fly by night" lawsuits that should Never go to court like they do today and there wasn't as much crime because people were law abiding citizens so the courts were better able to handle the cases.

I agree with you. It IS a contract and should be enforced but with the loose, immoral society we have today, no one wants to abide by it and everyone looks the other way. Man wants what man wants regardless of what the Bible says so they follow their whims and wants and ignore God's law.

But God won't ignore it. The Bible says the path to destruction is broad which means there will be A Lot of people on that path because so many choose to follow men instead of God.

Answer 7

Breaking a contract isn't criminal. Yes, adultery is a violation of the marriage contract, which is why it's grounds for divorce; but there's no jail time. The reason being, that it's not a good idea for politicians to legislate morality, because they aren't very good at it themselves.

Answer 8

Sometimes, letting go seems like the easiest thing to do. But think about this: you've invested so much of your time and energy into another person; you've made a solemn promise; and you still know there's love, even if it's hiding underneath the surface. This website will show you how to save a marriage and avoid divorce, even if you're the only one trying https://tr.im/RwIqn

Answer 9

Marriage is not a contract. That is your first misconception.

Second, most states have laws regarding adultery however, because it is a crime against an individual that individual must press charges for the law to be enforced.

For example, if someone assaults you, they may be arrested but will not be charged until you file those charges.

Answer 10

The legally binding contract relates to the couples relationship to the state - not to each other.

Anyway, here (once again - I post this link at least once a week, it seems) is the age of consent website, which aside from giving age of consent, as a byproduct shows which countries only allow sex within marriage - that includes that "evil" country Iran, BTW :-)

http://www.avert.org/aofconsent.htm