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Depends on the state you live in and the circumstances. Some states have abollished adultery/fornification laws altogether. Others fail to enforce them because of claims of "invasion of personal privacy". Even if your state does have an adultery/fornification law it may not allow your wife to "file" charges. Most state's only allow citizens to report crimes and it is the state's law enforcement agencies responsibility to investigate the crime for probable cause and makes arrests if they deem a crime may have been committed. Its the state's judicial system that "files" charges and then prosecutes the crime. The final catch here is burden of proof. In other words they have to have evidence and/or witnesses who can testify that it actually happened. Hard to do and not invade ones privacy if in fact they then fail to prove it happened, thus the privacy issues prevent investigation , much less prosecution. In some states adultery is only considered when settling divorce cases. In these states it is sometimes considered for due cause for the divorce, and in others it may affect who gets what in the division of assets. All that being said many states have tiptoed around their own adultery laws and simply failed to make arrests or prosecute the individuals. Another justification many states use to not prosecute crimes like adultery is their claim that they are too overburdened by crimes like theft, drugs and murder to bother with prosecuting crimes like adultery. It is better to know than to guess...find out the law for your state

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16y ago

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