Legal Question in Family Law in Massachusetts

Can Someone Be Charged with Adultery in Massachusetts
I notice adultery is considered a felony in Massachusetts. My husband recently revealed an affair with a married woman. Can I have him and her arrested and prosecuted with adultery? And if so, how do I go about the process? Do I simply call the police?

Asked on 2/26/09, 7:50 am

3 Answers from Attorneys

Jessica Foley Law Office of Jessica A. Foley

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Re: Can Someone Be Charged with Adultery in Massachusetts

Gregory Lee's answer is right on. Try counseling and then think about what you want to do - save your marriage or get divorced. Good luck!

Answered on 2/26/09, 9:49 pm

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Gregory Lee Gregory P. Lee, Attorney at Law

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Re: Can Someone Be Charged with Adultery in Massachusetts

You can try. You will find, however, that the local police and DA's offices will be highly disinterested in prosecution.

I recommend that you get over your hurt and anger through counseling, not a frustrating a fruitless attempt to get revenge through a statute that is essentially unenforced. If divorce is in the future, file for divorce.

Please note that the Probate and Family Court judiciary is, as a rule, disinterested in the adultery ground of divorce. The extra defendant and other statutory mandates are seen as unduly punitive. Outside sex is seen as a symptom of a marital breakdown, not a cause.

I apologize if this advice is too blunt, but I hope that you will avoid further problems as a result.

Answered on 2/26/09, 8:39 am

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