Could you be jailed for cheating on your spouse in Kansas or Missouri? What state law says

While cheating might break up a marriage, in some states, it could send you to jail.

What about in Kansas or Missouri?

Adultery is one of the most common reasons for divorce in the United States. About 34% of divorced individuals cited cheating as one of the causes of their split, according to a 2023 Forbes Advisor-commissioned survey of 1,000 divorcees.

Kansas state law classifies adultery as a class C misdemeanor, which carries a sentence of up to a month in jail and/or a fine. The Sunflower State is one of 16 states, including Oklahoma and Illinois, where adultery is illegal, according to Newsweek.

In Kansas, both people involved in the affair could potentially be charged. State law defines adultery as having sex with someone other than your spouse if you are married or knowingly having sex with a married individual.

In a no-fault divorce state, Kansas couples have to show there is “incompatibility,” (or) “failure to perform a material marital duty or obligation” or mental illness or incapacity.

Across the state line in Missouri, there are no laws against adultery on the books. Missouri is also a no-fault divorce state, where couples need to show “the marriage is irretrievably broken.”