Menge v. Menge
491 So. 2d 700 (1986)
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Rule of Law:
In Louisiana, the legal definition of adultery, for the purpose of divorce, is not limited to penile-vaginal intercourse (coitus) but extends to other voluntary sexual acts between a married person and someone other than their spouse, such as oral sex.
Facts:
- Danny Menge and Diana Caronia Menge were married.
- Danny Menge filed for divorce, alleging that Diana Caronia Menge was guilty of adultery.
- Diana Caronia Menge admitted to engaging in 'oral sex' and other 'sexual activities' with another man, but she denied having penile-vaginal intercourse with him.
- Private detectives hired by Danny Menge observed Diana Caronia Menge and the other man on multiple occasions, including kissing, embracing, and spending various unspecified periods of time alone together inside her apartment with the lights out.
- The detectives' observations of Diana Caronia Menge's amorous meetings with the other man occurred prior to Danny Menge's final departure from the marital home.
Procedural Posture:
- Danny Menge filed a petition for divorce in district court, alleging Diana Caronia Menge was guilty of adultery and requesting custody of their minor daughter.
- Diana Caronia Menge filed an answer and a reconventional demand (counter-claim), seeking a separation based on cruel treatment and abandonment.
- The district court held a trial.
- The district court granted Danny Menge a divorce, found Diana Caronia Menge guilty of adultery and at fault, and awarded him custody of their child, along with other rulings not challenged on appeal.
- Diana Caronia Menge, as the appellant, appealed the judgment of the district court to the Court of Appeal of Louisiana, Fifth Circuit, challenging the finding of adultery and the denial of her separation claim.
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Issue:
Does the definition of adultery under Louisiana Civil Code Article 139 encompass sexual acts other than traditional penile-vaginal intercourse?
Opinions:
Majority - Bowes, J.
Yes, the definition of adultery under Louisiana Civil Code Article 139 encompasses sexual acts beyond traditional penile-vaginal intercourse. The court found that Louisiana law and jurisprudence do not interpret adultery narrowly to exclude non-coital acts. While Simon v. Duet equated adultery with 'sexual connection or intercourse,' it did not strictly limit it to penile-vaginal penetration. The court referenced dictionary definitions of 'sexual intercourse' that include both coitus and other forms of genital contact. Crucially, the court noted that Louisiana law recognizes 'homosexual adultery' which, by its very definition, does not involve coitus. Therefore, the court concluded that acts like 'oral sex,' to which Mrs. Menge admitted, constitute adultery. Furthermore, the court inferred that given the opportunity and confessed 'human passion,' it would be 'fatuous' to believe that the admitted acts did not lead to ultimate consummation, finding such a conclusion justified by the evidence. The court emphasized that the direct admissions of Mrs. Menge provided probative and corroborative value to the detectives' testimony, and vice versa, satisfying the high burden of proof required in adultery cases. Regarding Mrs. Menge's reconventional demand for separation, the court found no evidence to support it, as the detectives' testimony indicated her adulterous meetings occurred before Mr. Menge's final departure, providing a lawful cause for his leaving the matrimonial domicile.
Analysis:
This case significantly broadened the interpretation of adultery in Louisiana, moving beyond a strict definition of penile-vaginal intercourse to include other voluntary sexual acts. It reflects a more modern understanding of marital infidelity and its legal consequences. The ruling makes it easier to prove adultery in divorce proceedings by allowing non-coital sexual acts and circumstantial evidence, combined with admissions, to satisfy the high burden of proof. This expanded definition can impact future divorce cases involving infidelity where traditional intercourse cannot be definitively proven but other sexual acts are admitted or strongly evidenced.
