Adultery, once a widely prosecuted crime, holds a different legal standing in modern Tennessee. While technically still on the books, its enforcement is largely nonexistent. This article delves into the legal intricacies and societal implications of adultery in Tennessee, addressing common questions and concerns.
What is the legal definition of adultery in Tennessee?
Tennessee Code Annotated ยง 39-14-101 defines adultery as "voluntary sexual intercourse between a married person and a person who is not that person's spouse." Note that this statute requires voluntary sexual intercourse; forced or coerced sexual acts would fall under different legal categories. The law doesn't distinguish between heterosexual and same-sex relationships in this context.
Is adultery a crime in Tennessee? Can I be arrested for adultery?
While technically a Class A misdemeanor, adultery is rarely, if ever, prosecuted in Tennessee. Law enforcement agencies prioritize more serious crimes, and prosecuting adultery is generally considered a low priority. Therefore, you are highly unlikely to face arrest or criminal charges for adultery.
What are the possible consequences of adultery in Tennessee?
Though criminal prosecution is improbable, adultery can have legal ramifications in other areas, particularly in divorce proceedings. Evidence of adultery can be presented in court to influence:
- Spousal support (alimony): A judge may consider adultery when determining the amount and duration of alimony payments. If adultery is proven, it might reduce the amount awarded to the adulterous spouse.
- Child custody and visitation: While adultery alone rarely impacts custody decisions, it might be considered alongside other factors to determine what's in the child's best interest. Extreme cases of adultery, coupled with other concerning behaviors, could affect custody arrangements.
- Division of marital property: Generally, adultery doesn't directly affect property division in Tennessee; however, it could indirectly influence a judge's decision if other factors are considered, such as dissipation of marital assets.
Can adultery be grounds for divorce in Tennessee?
Yes, adultery is a ground for divorce in Tennessee. However, it's not the only ground. Tennessee is a "no-fault" divorce state, meaning you can file for divorce without proving fault (like adultery) through a claim of irreconcilable differences. While proving adultery might expedite the divorce process or influence other aspects of the settlement, it's not mandatory.
What constitutes proof of adultery in a Tennessee divorce?
Proving adultery in a Tennessee divorce requires strong evidence. Mere suspicion or hearsay isn't sufficient. A judge would typically need compelling evidence such as:
- Witness testimony: Testimony from individuals who witnessed the act of adultery.
- Photographs or videos: Visual evidence of the adulterous act.
- Text messages, emails, or other digital communications: Messages indicating an intimate relationship.
The burden of proof lies with the spouse alleging adultery. The evidence must be convincing and credible to the court.
Is it difficult to prove adultery in Tennessee?
Yes, proving adultery can be challenging. It requires substantial evidence and is often a costly and time-consuming process. The emotional toll on all parties involved can be significant.
Conclusion
While adultery remains technically illegal in Tennessee, its enforcement is practically nonexistent. Its primary legal relevance is within the context of divorce proceedings, where it can influence decisions regarding alimony, child custody, and, to a lesser extent, property division. However, even in divorce cases, proving adultery requires substantial evidence and is often not the determining factor in a judge's final decision. Individuals facing marital issues should seek legal advice from a qualified Tennessee family law attorney for guidance on their specific circumstances.
