I've cheated on my wife now

Adultery: Does This Affect Divorce?

It comes to Dissolution of a marriage, there can be many reasons. Divorce in the case of adultery is particularly common - and particularly ugly. By definition this means: At least one cheated. Many then ask: is adultery prohibited by law? What exactly is adultery? You can find the answers here.

The most important thing in a nutshell: adultery

  • Adultery means having at least one person in the partnership cheated is.
  • This is often particularly painful for the person being duped.
  • Contrary to what is believed, it is adultery not punishable.

For more information on adultery, see the following.

More information on adultery:

Wife Cheated on Husband Cheated
Divorce over an affair

The definition of adultery leaves room for interpretation

What is actually meant by adultery?

Of Adultery is spoken when a partner in a marriage sexually unfaithful was.

Adultery has lasting consequences, especially for those who have been betrayed

So far as it is quite simple, on closer inspection, adultery is often A matter of interpretation. This already begins with the assessment of which sexual act exactly one is Adultery defined. Depending on the culture, adultery of women or women is more serious than adultery of men. Different depending on the mentality Love affairs on both sides of the relationship as normal and not as a sign of one dysfunctional marriage viewed.

Even with the question of whether Adultery same one Reason for divorce is, opinions differ. The word itself implies that marriage is in a sense over, but not every couple automatically breaks up after one To cheat on. Does a one-off affair justify adultery or a long-term affair?

One of the most common Reasons for divorce is certainly adultery - but there are no verifiable statistics. Often the adultery is also a consequence, in addition, it is not statistically recorded for every divorce why it is now dissolved.

By the way: That Principle of guilt, which used to apply to divorces, was dated Disruption principle replaced. The fault of a spouse previously had a significant influence on alimony payments and the like, so people were often considered "guilty of divorced" in the case of adultery. However, this is an outdated term and no longer exists in today's jurisprudence.

Is adultery actually a criminal offense in Germany?

Even if persistent rumors persist or one or the other pleads for criminal prosecution: In Germany, adultery is not prohibited by law.

Adultery is not prohibited by law.

That makes sense, because how should a sexual misstep be proven? As a rule, solid evidence is rarely available. Apart from the fact that such a negotiation can naturally be very uncomfortable, that's okay Adultery is not a law fundamentally. Correspondingly, no legal punishment in this sense is exposed to adultery in Germany.


What is prohibited by the penal code, however, are official Double partnerships - but this means the officially consummated marriage and not mere infidelity in the sense of adultery. In § 172 StGB reads:

Anyone who is married or has a civil partnership is punished with imprisonment for up to three years or with a fine
1. enters into marriage with a third person or
2. In accordance with Section 1 (1) of the Civil Partnership Act, declares to the body responsible for establishing the civil partnership that he wishes to have a civil partnership with a third person.

It further states that too unmarried personswhich one already married person marry want to be prosecuted. Some people now stumble across the term "Civil partnership" - Isn't every relationship with a partner a civil partnership? So adultery is a criminal offense, right?

The answer is: No. The term "Civil partnership" means here homosexual relationships according to the Civil Partnership Act, which were officially closed.

So he forbids Paragraph 172 of the Criminal Code not adultery per se, but that Execution or even that attempt one registered, double marriage. On the one hand, this has with moral principles to do and the fact that marriage and the family are goods to be preserved. On the other hand, spouses enjoy too tax advantageswhich could be exploited by a multiple marriage. An official fixation is important for criminal liability. Still: Legally, adultery can have consequences to the effect that it becomes one Separation maintenance claim overrides.

Adultery and then Divorce: Who Pays Child Support?

It is not uncommon for adultery to lead to divorce

Separation maintenance can be obtained if:

  • the marriage was legally legitimate and lasted more than a few weeks
  • the spouses now run separate households
  • financial capacity is given
  • at least one of the spouses has a child or children

Now ask for a partner Separation maintenance, then need any Expectations be clarified. Corresponding maintenance can, however, also be denied to the person entitled to maintenance - namely if "Serious misconduct" is present. This can in certain circumstances be an adultery. To do this, however, it would have to be proven that a person's misconduct was obviously committed, this misconduct deliberately and long term was exercised and / or the person concerned immediately moved into a new partnership. It is therefore not uncommon whether adultery makes the alimony invalid in court decided.

What counts as serious misconduct is usually A matter of judgment. Accordingly, it cannot be relied on that the maintenance claim will automatically lapse in the event of adultery. On the contrary, this is more like that exception.

Adultery therefore has legal consequences in the sense that the claim for maintenance can be refused in the event of adultery. However, a person is not punished for the misstep alone.

Behavior in Adultery: What to Do If Partner Has Cheated?

Forgive adultery - this is extremely difficult for many

If the partner has committed adultery, this is one very unsightly thing. Getting betrayed in this way by a loved one is one for many serious interpersonal betrayal. Such an insult can gnaw at those affected for a long time. Forgiving adultery is often not an option. If the trust in fidelity has been violated in this way, many people who have been betrayed see no possibility for reconciliation. Often enough, partners find themselves in the situation to cheat yourself - without having done this with malicious intent. Confessing this to the other and knowing how he or she will react to it is often just as bad - especially when the partner may even know the person personally.

Cheating is often that Consequence a relationship that has already failed. After long years of marriage, the erotic often fizzles out; if quarrels are still the order of the day, flinging on the side naturally seems particularly appealing.

"Opportunity Makes Thieves" - Often enough, opportunity also makes adulterers. So many infidelities also result from unforeseen opportunities and not necessarily because they were specifically targeted. The latter can of course also be the case - the fact that there is a whole range of online services for flinging on the side makes such a project easier, of course.

As in many Affairs of feeling there is also adultery no general formulathat saves a relationship or allows a breakup to be overcome. The following counselor Can be helpful for divorce not only after adultery:

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Adultery: Does This Affect Divorce?
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