Legal Question in Criminal Law in Massachusetts

Adultry

I was married for 12 years and during the end of those years my wife committed adultry me not nowing of course. She ended up being pregnant we were separated she had a baby by another man in 1997 while we were still married. We divorced in 1999. Can I still bring her up on charges for adultry?


Asked on 10/03/06, 5:15 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Adultry

Adultery is a ground for divorce. I have not heard of anyone being prosecuted for adultery in more than 15 years.

Below is the portion of the statute that deals with Adultery:

ALM GL ch. 272, � 14 (2006)

� 14. Adultery.

A married person who has sexual intercourse with a person not his spouse or an unmarried person who has sexual intercourse with a married person shall be guilty of adultery and shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than five hundred dollars.

HISTORY: BL 94, � 9; CL 15, � 9; 1964-5, �� 1, 2; 1762-3, 29; 1784, 40, � 1; RS 130, � 1; GS 165, � 3; PS 207, � 3; RL 212, � 10; 1978, 379, � 7.

Should you have any questions, you can contact my office.

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Answered on 10/03/06, 5:46 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Adultry

Why would you want to, unless you foolishly allowed her to have the divorce court hold you responsible for support of the other man's child, in which case you could retain an attorney to file a Complaint for Modification of your Divorce and would have to rebut and disprove the rebuttable presumption that all children born during a marriage are the children of that marriage, which unless she admits it, would require blood/dna testing to establish paternity. Good Luck!

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Answered on 10/04/06, 2:15 pm


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