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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.Although the legal definition of adultery differs in nearly every legal system, the common theme is sexual relations outside of marriage, in one form or another.

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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.

Extramarital sexual acts not fitting this definition are not "adultery" though they may constitute "unreasonable behavior", also a ground of divorce.

The application of the term to the act appears to arise from the idea that "criminal intercourse with a married woman ...

Thus, the "purity" of the children of a marriage is corrupted, and the inheritance is altered.

Some adultery laws differentiate based on the sex of the participants, and as a result such laws are often seen as discriminatory, and in some jurisdictions they have been struck down by courts, usually on the basis that they discriminated against women.

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