Could Adultery Affect Your New York Divorce?

Adultery is among the most common reasons why married couples get divorced. But does the presence of adultery in marriage have any effect on the divorce case?

In some cases, the answer can be yes. In New York, individuals may seek fault-based divorces, as well as no-fault divorces. Adultery is one example of an element that must have existed in the course of the marriage for a judge to consider granting a fault-based divorce.

The state of New York officially defines adultery as a married person having sexual intercourse with a person who is not his or her spouse. It is not likely that other romantic conduct between individuals outside of marriage would be considered adultery for legal purposes.

The potential effects of adultery in divorce

If you are seeking a divorce based on adultery, you should know that you are much more likely to deal with a contentious, high-conflict case. You will need to provide evidence of the adultery from a neutral party, such as a private investigator. These cases tend to have more emotional baggage, especially when they involve minor children.

This is why many couples choose to file for a no-fault divorce, even if adultery did occur. It’s simply less stressful.

Alimony is one area that could be affected by adultery. Although the presence of adultery will not automatically result in the judge awarding alimony to the faithful spouse, one spouse’s frivolous wasting of assets on a different partner could lead to the judge providing a more favorable alimony award to the faithful spouse if alimony was already to be a part of the divorce decree.

To learn more about the effects of adultery on divorce and related matters, consult a knowledgeable Long Island divorce attorney with Bryan L. Salamone & Associates.