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However, irrespective of the stated views of the partners, extra-marital relations could still be considered a crime in some legal jurisdictions which criminalize adultery.
In Canada, though the written definition in the Divorce Act refers to extramarital relations with someone of the opposite sex, a British Columbia judge used the Civil Marriage Act in a 2005 case to grant a woman a divorce from her husband who had cheated on her with another man, which the judge felt was equal reasoning to dissolve the union.
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.
Adultery (from Latin adulterium) is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds.
The application of the term to the act appears to arise from the idea that "criminal intercourse with a married woman ...
Adultery is not a ground for divorce in jurisdictions which have adopted a no-fault divorce model.