Adultery is illegal in Wisconsin. It is a Class I felony punishable with a fine of up to $10,000 or even jail time. However, criminal charges of cheating are rarely pursued, in WI courtrooms.
Wisconsin Adultery Laws
Written in the 1849, state statute 944.16[1]defines adultery as a Class I felony, specifically related to extramarital affairs involving sexual intercourse. The law is applicable to either the spouse involved in the affair or the third-party involved with the accused spouse.
Although the law appears to offer victims some recourse, it is rarely used.
This is partially due to conflicts with other state laws which define Wisconsin as a no-fault divorce state. Additional contradictions can be found in the law itself, which notes: “Although the state does not regulate the private sexual activity of consenting adults, the state does not condone or encourage any form of sexual conduct outside the institution of marriage.”
Wisconsin judges are unlikely to allow criminal complaints to be made on cheating, generally considering it to be a moral and private issue, and therefore outside the jurisdiction of the courts. However, in 1990, Wisconsin found its way in the national spotlight[2] when a 28-year-old woman was charged during a divorce. The charges were dropped after the accused submitted to 40 hours of community service and parental counseling.
How an Affair Can Impact Divorce
Despite the explicit adultery law on the books, Wisconsin is a “no-fault” divorce state. This means that one spouse doesn't have to “prove” why they want a divorce other than the fact that the divorce has broken down and can't be fixed.
Infidelity could still affect your divorce judgment. Many elements of the judgment such as child custody, alimony or property division are largely determined by the judge. If evidence of an affair is brought up in a way that specifically affects the finances of the marriage or the care of your children, then it will become relevant.
For instance in cases where one spouse is spending marital assets on an affair these expenditures could be classified as marital waste during the property division negotiations.
Another way adultery may negatively impact a divorce case is related to child custody and child support. If it can be proven the new relationship your spouse is now proceeding with is not in the best interests of the child, the affair will impact custody and or support. This means specifically the person the spouse cheating is with will cause harm to the children either emotionally or physically in some form.
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FAQs
Wisconsin is a no-fault divorce state. The court will not consider adultery in property division and or alimony. However, the court will evaluate if the new relationship is negative for the child, which would impact child custody orders.
Does cheating affect divorce settlement? ›
One of the ways that cheating can impact a divorce settlement is through spousal support. If one spouse can prove that the other was unfaithful, the court may take that into consideration when deciding on the amount and duration of spousal support.
What is spousal abandonment in Wisconsin? ›
What is considered abandonment in Wisconsin? Abandonment is when a spouse leaves with the intent to end the marriage without justification. Justification for a divorce in Wisconsin is easy to prove because one person only has to believe the marriage is unable to be fixed.
Can you date while going through a divorce in Wisconsin? ›
While there are no laws in Wisconsin that specifically prohibit dating during a divorce, there are a few things you should consider before starting a new relationship. It is important to weigh the pros and cons carefully before starting a new relationship.
Can a spouse get in trouble for cheating? ›
It is actually considered a criminal offense. However, in the last 100 years, no one has gone to jail for adultery in the state. Yet, while you may avoid jail time, cheating is not without consequences. Cheating on your spouse can have significant repercussions on the divorce process.
Can wife get alimony if she cheated? ›
Although some states still allow you to file for divorce based on adultery, California is a no-fault divorce state. Cheating does not reduce or eliminate your spouse's eligibility to receive alimony.
Do you get more money in a divorce if they cheat? ›
So if one person cheated and that is why you are getting divorced, you will not get more or less money or custody because of that. Infidelity can play a part in how much money you do or do not get if there is either a financial gain or dissipation of marital assets resulting from the infidelity.
How long do you have to be married to get half of everything in Wisconsin? ›
How long do you have to be married to get half of everything in Wisconsin? A marriage of any duration will split up marital assets 50/50. In a short-term marriage (less than 5 years) one can make the argument that assets from before the marriage are not marital assets and should not be split up.
How long do spouses have to live apart to be legally separated in Wisconsin? ›
In order to file for legal separation, one spouse is required to have been living in a Wisconsin county for 30 days. However, in a divorce, one party must be a legal resident of WI which is established by residing in WI for 6 months.
What is a wife entitled to in a divorce in Wisconsin? ›
According to Wisconsin's property division laws, a wife is entitled to half of the marital property. Exceptions are made for separate property that was given to one spouse or inherited by them. Other factors can also impact property division, based on the couple's unique situation.
The only grounds needed to get a divorce in Wisconsin are for one party to say the marriage is “irretrievably broken.” So, if the other party refuses to acknowledge the divorce, the divorce still happens. There is nothing the other party can legally do to stop the divorce if the filing party continues to want it.
How long can you delay a divorce in Wisconsin? ›
This is because Wisconsin has a mandatory 120-day “cooling off” period between the time a divorce is filed and the time it can be finalized. However, this 120-day waiting period can often turn into 6 months or longer and certain circ*mstances can delay a divorce for a year or more.
Does it matter who files for divorce first in Wisconsin? ›
Wisconsin is a no-fault divorce state, meaning that the only requirement for filing for a divorce is that the spouses consider the marriage to be “irretrievably broken” with no hopes of reconciliation. It also means that it does not matter who files for the divorce first, as there is no real advantage to filing first.
What are my legal rights if my husband cheated? ›
Today, however, unfaithfulness in a marriage is not a crime or legal tort in the State of California. A tort is a type of wrongdoing that can lead to a personal injury lawsuit, such as negligence or intent to harm. The current law means you cannot sue your spouse for having an affair or press criminal charges.
What is the difference between infidelity and adultery? ›
Infidelity, or cheating, is the act of being either emotionally or physically unfaithful to a spouse or partner, and breaking a commitment or promise during the act. Adultery is engaging in physical, sexual activity, and may be considered a criminal offense and grounds for divorce in certain places.
How much circ*mstantial evidence is needed to prove adultery? ›
You do not need to actually catch your spouse in the act with someone else. Instead, you generally need to prove that your spouse had the opportunity and inclination to commit adultery. However, your circ*mstantial evidence must be sufficiently definite that you can pinpoint the time and place of the adultery.
Do you get less money in a divorce if you cheat? ›
In California, an adulterous spouse isn't forced to pay alimony due to infidelity. Punitive damages are not awarded on this basis. Instead, alimony is only required based on the financial needs and abilities of the spouses.
Can I get more in divorce if my husband cheated? ›
Many people believe they should get more money in the divorce because the other spouse cheated. However, divorce laws do not work that way. They focus on economic fairness not punishing people for bad behavior.
What happens if your wife cheats on you and you get a divorce? ›
If you get a divorce after your wife cheats on you, the court may award you alimony, depending on the circ*mstances, and can take into account her cheating when determining how much should be awarded.
How do you prove cheating in a divorce? ›
Proving Adultery in a Divorce Case
You must go beyond feelings and come up with hard proof that your spouse cheated or had an affair. Evidence could include documentation of the affair, like a photo of your spouse and their sexual partner together, or an admission by your spouse.
