Adultery consequences for a divorce are different depending on the state with jurisdiction over the particular divorce case. Adultery is usually defined as willful extramarital sex. Some States recognize adultery as sufficient grounds for divorce, but in other States fault is not required to file for divorce.
While most states no longer recognize adultery as a crime per se, (US military still views adultery as a court martial offense) they do recognize adultery as ground for divorce. No fault divorce States do not require that the proof of adultery is shown in order to get a divorce. All states have a no fault divorce option. However, there are 17 exclusively “no fault” States, which only recognize no fault as the grounds for divorce.
Some states have waiting periods for no fault divorce which are quite long. For example, Utah and Idaho have a waiting period of five years for no fault divorce. These waiting periods could make fault option a more appealing one.
