Legal Question in Family Law in Alabama

Re: adultery and divorce

adultery is a crime in alabama, however it requires certain elements such as sexual intercourse with another person who is not your spouse and living in cohabitation with that other person when you or that other person is married. adultery (or being unfaithful) can affect a judges opinion in a divorce case regarding the unfaithful parties ability to care for a child or the unfaithful parties desire to care for a child as opposed to that parties desire to satisfy his or her own desires. unfaithfulness by itself is not always the controlling factor in a custody battle, but it may be a very important factor in a divorce custody dispute. there are many other factors that a judge is concerned with regarding custody and all of these other factors need to be explored in determining a custody issue and what weight should be put on any unfaithfulness.