Mississippi law defines an affair as uncondoned sexual intercourse with a person of the opposite sex, not your spouse.
This definition is evolving, however. With recent changes in the law regarding who can get married the requirement that it be a person of the opposite sex is no longer a valid limitation. Additionally, it must be uncondoned which means without either permission before or forgiveness after.
Because affairs are so secretive in nature the Court can use circumstantial proof to find you guilty of Adultery. Upon a showing of inclination and opportunity the Court can conclude you cheated even over your absolute denial and total absence of DNA evidence! Frankly, DNA evidence and divorce Courts have not caught up with CSI, yet.
Inclination (or infatuation) is the many, many number of calls, texts, emails and love letters, communicating all hours of the night and day. The contact between the spouse and the paramour.
Opportunity is just them being alone together long enough to… This could be the house, car, park, hotel, motel or back alley.
Does other stuff count, as opposed to just sexual intercourse? It could. It also stands to reason that the Court could infer that if you are doing other stuff it includes intercourse.
Matthew Thompson is a Mississippi Divorce Attorney and reminds you to not have an affair.
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We’re constantly told, reminded and scolded about what we cannot cheat on. But, there are some things you can cheat on, or things that even if you do the consequences are not so dire.
#1. Your Diet. Go ahead and cheat. “Tomorrow” is the most popular day to start a diet anyway, followed closely by “next Monday.”
#2. Video Games. While you do not want to teach your children to cheat, using the “god mode” code makes the game more better. Invincibility only exists in a video game world anyway.
#3. Taxes. This is not recommended, but chances are you are cheating and don’t even know it with the complexity of the Internal Revenue Code. Under reporting income or over reporting expenses or deductions is common and often unintentional.
These are just 3 of the things that cheating on likely will not lead to a long, miserable life, well #3 might, just ask Al Capone.
Matthew Thompson is a Family Law Attorney in Mississippi and advises you to cheat on your diet, not on your spouse or taxes!