Legislators should reform and enforce laws in every state against adultery, making divorce harder to attain. Strict laws world make both spouses take their vows serious.
As of today, adultery and alienation of affection laws remain active in legislation. In some states, it is considered illegal to cheat on your spouse. In over 20 states a spouse can pursue a mistress in both criminal and civil courts. In most states this law is not enforced; however, in some cases, the spouse has been awarded millions. In 2003 the North Carolina Bar Association tried to have the law removed. The bill passed in the House but failed in the Senate. (Scelfo, J. 2006). North Carolina Family Policy Council believes the law should remain active because the law was created to hold people accountable for the destruction of marriage.
The law against adultery is considered an ancient law dating back to the early 1600’s during which time punishment was harsh and swift. The law was originally created because a woman was viewed as property and owned by their husband. (Scelfo, J. 2006). A person found guilty of adultery or prostitution were executed. This practice continued throughout the early 1800’s. In 1838, a New Jersey court ruled the harm of adultery was not the alienation of affection, but the intent to turn the husband away from his children. In a 1992 civil case, the court ruled that adultery is the act of one spouse rejecting the other sexually due to the sexual intercourse with another. Over the span of 150 years, the view of adultery changed and focused more on the sexual aspect.
From the 1800’s to the late 1960’s the divorce rate has increased from 3% to 26%. (Jones, A. M. 201...
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...ng an affair. According to the 60-year-old mother of two, she gave up her job as a teacher to become a stay at home mother and support 62-year-old Allen legal career. (Gomstyn, A. F. 2010) Allan admitted he began having numerous affairs within two years of marriage and multiple tries at counseling did not resolve their issues. (Gomstyn, A. F. 2010) She filed a lawsuit and was awarded 5 million for compensatory damages and 4 million in punitive damages totaling 9 million dollars. Making the message loud and clear it’s never okay to break up a marriage and ruin children 's lives. Mrs. Shackleford insists the case was never about getting her spouse back or revenge on the mistress. She said: “We would like for people to respect the sanctity of marriage. We wanted a number high enough that it would keep other people from going after marries spouses.” (Gomstyn, A. F. 2010)
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