How Does Adultery Affect the Divorce Process in New York State?
Any individual who is seeking a divorce in New York State must explain to the court the reason for their marriage’s dissolution. In New York, infidelity or adultery can be grounds for divorce. If your spouse has been unfaithful, and you want to divorce them, you should discuss the infidelity with your attorney. A well-trained Rockland County family lawyer can ensure that the court considers the adultery when making key decisions on the case. In this article, the New York divorce attorneys at the Law Office of Robert S. Sunshine will discuss how the courts treat adultery in a typical divorce case.
Adultery and fault-based divorces
New York State recognizes two types of divorces: Fault-based and no-fault. To pursue a fault-based divorce, the spouse who is petitioning the courts must establish by proof that their partner did something that caused the breakdown of the marriage. One possible ground for a fault-based divorce is adultery.
Under N.Y. Domestic Relations Law § 170(4), adultery is listed as a potential basis for a fault-based divorce. Adultery involves an act of sexual intercourse performed voluntarily by a married person with another person who is not their spouse. The filing spouse must provide evidence to the court that their partner was unfaithful. This can be challenging. Your attorney will gather evidence such as receipts, emails, phone records, and texts to establish the adultery.
The impact of adultery on the judge’s decisions
Evidence of adultery can sway the judge’s decisions in numerous ways. For example, a spouse who committed adultery may have to pay more in alimony or be awarded less alimony because of their infidelity. Adultery would not directly impact the judge’s calculations when it comes to alimony, but particulars surrounding the affair may. For example, if the cheating spouse used marital funds to pay for excursions, jewelry, or other things, the court may believe that the affair caused the dissipation of marital resources and thus, the party who was cheated on should be awarded more of the marital estate. However, the mere fact that adultery occurred may not impact either alimony or distribution of resources if the spouse making the allegations cannot prove dissipation of marital assets.
Adultery will also be considered when evaluating custody arrangements. Judges base all custody decisions on the best interests of the children. Adultery itself isn’t evidence that the parent is unfit to serve the best interests of the children, but the circumstances around the adultery might. If the affair, for example, also involved abusive behavior, drug abuse, or other infelicities, then the judge could take that into account.
Talk to a Westchester County, NY Divorce Lawyer Today
The Law Office of Robert S. Sunshine represents the interests of Westchester and Rockland County residents who are pursuing a divorce. Call our Westchester County family lawyers today to schedule an appointment, and we can get started discussing key issues related to your divorce such as property distribution, alimony, child custody, and child support.
