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For example, in fault-based family law jurisdictions, adultery almost always constitutes a ground for divorce and may be a factor in property settlement, the custody of children, the denial of alimony, etc.

Adultery is not a ground for divorce in jurisdictions which have adopted a no-fault divorce model.

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Since the 20th century, criminal laws against adultery have become controversial, with international organizations calling for their abolition, especially in the light of several high-profile stoning cases that have occurred in some countries.

The head of the United Nations expert body charged with identifying ways to eliminate laws that discriminate against women or are discriminatory to them in terms of implementation or impact, Kamala Chandrakirana, has stated that: "Adultery must not be classified as a criminal offence at all". In some jurisdictions, having sexual relations with the king's wife or the wife of his eldest son constitutes treason.

Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century.

In most Western countries, adultery itself is no longer a criminal offense, but may still have legal consequences, particularly in divorce cases.

Traditionally, many cultures, particularly Latin American ones, had strong double standards regarding male and female adultery, with the latter being seen as a much more serious violation.

Adultery involving a married woman and a man other than her husband was considered a very serious crime.

In 1707, English Lord Chief Justice John Holt stated that a man having sexual relations with another man's wife was "the highest invasion of property" and claimed, in regard to the aggrieved husband, that "a man cannot receive a higher provocation" (in a case of murder or manslaughter). 1 (1751), also equated adultery to theft writing that, "adultery is, after homicide, the most punishable of all crimes, because it is the most cruel of all thefts, and an outrage capable of inciting murders and the most deplorable excesses." Legal definitions of adultery vary.

For example, New York defines an adulterer as a person who "engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse." In the 2003 New Hampshire Supreme Court case Blanchflower v.

Blanchflower, it was held that female same-sex sexual relations did not constitute sexual intercourse, based on a 1961 definition from Webster's Third New International Dictionary; and thereby an accused wife in a divorce case was found not guilty of adultery. Bushey, for adultery, a case that ended in a guilty plea and a 5 fine.

Criminal conversation was usually referred to by lawyers as crim.

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