• Flying Squid@lemmy.world
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    5 hours ago

    You used to have to prove adultery in order to get a divorce in New York state.

    Family story time! My great-grandparents wanted to get divorced and were in New York, so my grandfather lay in a bed next to his mother-in-law under the covers and my grandmother took a photo to present to the courts. My great-grandmother apparently never even took off her coat.

  • Spacehooks@reddthat.com
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    5 hours ago

    Woot to all the people that were horny but it was the legal system stopping them from cheating on their spouse.

  • DudeImMacGyver@sh.itjust.works
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    5 hours ago

    It kinda should be IMO. If you can’t not be faithful, don’t fucking get married and be a cheating piece of shit.

    • lightnsfw@reddthat.com
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      1 hour ago

      You won’t get a lot of argument that cheating is a shitty thing to do but the government doesn’t need to be involved in peoples relationships.

    • jerkface@lemmy.ca
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      3 hours ago

      Every couple that wants the legal rights grants by marriage must be monogamous whether they want to or not, because it gives you feelings that you are unwilling to process when confronted by committed but nonmonogamous relationships?

        • Cheradenine@sh.itjust.works
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          3 hours ago

          It would have been criminal under the law. I cheated, she cheated. It was the law, whatever agreement she and I had was immaterial.

          • MagicShel@lemmy.zip
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            2 hours ago

            That’s just how the system is. My wife and I are into bdsm. Legally speaking I’m guilty of spousal abuse because she legally can’t consent.

            So we just ignore the law. But if we ever divorced acrimoniously she could rake me over the fucking coals.

              • jerkface@lemmy.ca
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                8 minutes ago

                It must be a weird edge case. You can certainly consent to being beaten, humiliated, degraded, etc.

                One thing you cannot consent to where I live is to be touched sexually while you are asleep. The moment you become unconscious (as though that were a thing with a clear, bright line definition) any sexual consent you have given is deemed to have been revoked. This seems rather parochial to me since you can consent to have your leg chopped off while you sleep, but whatever. There have been cases where police and crown prosecutors went after charges because someone talked about letting their husband have sex with them while they slept; ie they had moral consent but not legal consent, and so were charged with sex crimes over the protest of their willing partner.

        • jerkface@lemmy.ca
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          2 hours ago

          You don’t have to be married to cheat. You are right, they are totally different things. Marriage is a legal status that has nothing to do with sex. Asexual people can get married. Two straight men can get married. People in open relationships can get married.

          You want it to be illegal to cheat. That’s bonkers. How would that even work? Do you really want the state investigating your intimate relationships to make sure they are legal??

    • ThirdWorldOrder@lemm.ee
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      4 hours ago

      I’ve been cheated on and divorced. My ex was seeing a divorce lawyer lol. That was some fun times with depositions and constant harassment since they had 24/7 legal access.

      Even with all that said, I don’t think cheating should ever be criminalized. Just gotta be careful who you marry or date. I still have never learned my lesson lol.

    • breadsmasher@lemmy.world
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      5 hours ago

      yeah great idea. criminalise everything. had your freedom to the state. the american dream

      • DudeImMacGyver@sh.itjust.works
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        2 hours ago

        If you’re worried about the American dream I have shit loads of horrible news for you since you haven’t been paying attention for the last 40 fucking years apparently.

        Being able to be a cheating shitbag with no consequences should be the least of your concerns at this point.

        • Aurenkin@sh.itjust.works
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          3 hours ago

          I don’t think anyone is saying that it’s ok and there should be no consequences, just that it’s not a matter for the law. The law isn’t really about what’s moral and immoral. There are plenty of immoral things that are legal and moral things that are illegal. I think it’s wrong to cut in line but I don’t think we should be locking people up for it. I also think in many cases stealing is morally justifiable but I don’t necessarily think we should make stealing legal.

          • Alexstarfire@lemmy.world
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            48 minutes ago

            I think it’s wrong to cut in line but I don’t think we should be locking people up for it.

            IDK, you might be onto something here.

            • givesomefucks@lemmy.world
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              3 hours ago

              Ahhh

              Now it makes sense.

              If someone cheated on you. Go live your best life. Because there’s something else that commonly happens to guys if they don’t, and it seems to be what’s happening here

    • catloaf@lemm.ee
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      4 hours ago

      If a married couple want to fuck around with other people, why should that be a crime?

        • EldritchFeminity@lemmy.blahaj.zone
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          1 hour ago

          The law makes no distinction between the two. Open marriage? More like 5 years in a federal penitentiary waiting to happen because a cop coveted your wife. It’s your word against their’s unless you want the state to issue permits for sex or something.

          What you’re looking for is civil court, which is entirely different from criminal court and works differently as well. And that already exists for cheating on your spouse.

        • jerkface@lemmy.ca
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          3 hours ago

          It does have consequences. You mean you want cheaters to be punished. That’s a different thing.