Cheating can lead to a divorce filing, but the rules regarding using it as grounds remain inconsistent. Some states still allow divorce based on cheating. Others have shifted to no-fault divorce laws. Timing for raising adultery and how it may affect issues such as alimony can also depend on state law.
According to the American Community Survey, about 1,868,585 people in the United States reported having divorced in the previous year, based on 2024 data. Of that total, roughly 881,775 were men and 986,810 were women.
The statute of limitations on adultery claims vary from state to state. Knowing the specifics of the state laws can help determine the effect that adultery will have on the divorce process.
Let’s take a closer look at how statutes of limitations and other time limits may apply to adultery in divorce cases.
In No-Fault States, the Question Often Doesn’t Apply
Many states, including California, are no-fault divorce states. The application of this legal ground changes the entire framework around this question.
In situations like these, a California resident can rely on an Orange County divorce lawyer to handle the issue. Infidelity during the marriage cannot be used to gain an advantage in a California divorce case, since the state does not consider fault when dividing property, awarding support, or determining the terms of the divorce. In a state like California, there’s no statute of limitations to worry about. The underlying conduct simply isn’t a legal factor in the divorce itself.
Some States Still Treat Adultery as Legally Relevant
Other states take a very different approach, and North Carolina is a clear example. Infidelity qualifies as illicit sexual behavior under the state’s alimony statute. This classification means that it can directly affect whether a spouse is eligible to receive support or how much a spouse might owe, depending on which side of the affair they were on.
Where an Actual Statute of Limitations Comes Into Play
Most jurisdictions that allow a separate civil action related to a divorce impose a deadline for filing it.
Only a few states allow claims for alienation of affection and criminal conversation. One of those states is North Carolina. The claims can allow a harmed spouse to seek money damages for both the third party that was involved in the infidelity. In some instances, even the unfaithful spouse can be included. The statute of limitations for such claims is three years.
Why These Claims Require Their Own Proof
Making a claim of alienation of affection or criminal conversation is not as easy as presenting proof of an affair.
One requirement to make these claims valid includes proving the existence of a valid marriage with genuine love and affection prior to the other person’s involvement. It must be shown that the other party’s interference destroyed that love and affection and caused the marriage to disintegrate.
How Alimony and Separate Lawsuits Interact
In states in which infidelity impacts alimony, the identical behavior could be the basis of an adjustment in alimony and a lawsuit against a third party, but they are two distinct legal processes and follow two different schedules. An alimony decision is made during the divorce proceedings themselves, whereas a claim for alienation of affections or criminal conversation is an independent legal process that runs under its own schedule of three years.
Why the State Where You File Changes Everything
Because the legal significance of adultery and the statute of limitations period differ so greatly from one state to another, an identical situation might require entirely distinct approaches for legal strategy.
A resident of a no-fault state will have no grounds for creating a legal case regarding their partner’s infidelity. Meanwhile, a resident of a fault-based state might find themselves under pressure since they need to act within a limited period of time.
Confirming the Rule for Your Specific State
As the answer to this question relies so heavily on location, it is necessary to know how adultery affects divorce in your state. If someone wants to file for divorce, they should first find out if the state allows a separate legal claim for adultery and if there are any time limits in place. Assuming the same thing happens in all states based on what was read elsewhere can be a mistake.
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