Adultery can be a painful and emotionally charged issue within a marriage, often leading to the breakdown of trust and, in many cases, divorce. In the state of New York, like in several other jurisdictions, adultery holds significance in divorce proceedings. This article aims to shed light on the impact of adultery on divorce proceedings in New York, including legal consequences, evidentiary requirements, and potential effects on property division and alimony.
No-Fault Divorce and Adultery in New York
New York is a “no-fault” divorce state, which means that either spouse can seek a divorce without assigning blame to the other party. The no-fault grounds for divorce in New York are “irretrievable breakdown of the relationship” or the parties having lived apart pursuant to a separation agreement or judgment of separation for at least one year.
However, adultery can still have an impact on divorce proceedings, albeit indirectly, through its influence on other aspects of the divorce, such as property division, spousal support, and child custody.
Adultery as a Ground for Divorce
While New York is primarily a no-fault divorce state, adultery can still serve as a legal ground for divorce in certain circumstances. To use adultery as grounds for divorce, the following conditions must be met:
The adulterous act must be proven: In New York, the burden of proof rests with the accusing spouse. They must provide evidence that the act of adultery occurred. This often requires concrete evidence, such as photographs, text messages, or eyewitness testimony, demonstrating that a spouse engaged in extramarital affairs.
Corroborating evidence: Merely alleging adultery is insufficient. The accusing spouse must present corroborating evidence that the adulterous act took place. Evidence can include witness testimonies, hotel records, credit card statements, or private investigator reports.
Impact on Property Division
New York follows the principle of equitable distribution when it comes to dividing marital property during divorce. Equitable distribution does not necessarily mean an equal 50-50 split; rather, the court strives to distribute assets and liabilities fairly based on various factors.
Adultery itself is not typically a direct factor considered in property division. However, if the adultery had a financial impact, such as the dissipation of marital assets, excessive spending on extramarital affairs, or hidden bank accounts, the court may take these factors into account when dividing marital property.
Spousal Support and Alimony
When determining spousal support or alimony, the court takes into consideration various factors, including the income and earning potential of each spouse, the duration of the marriage, and the standard of living during the marriage.
In cases where adultery is proven, it may influence the court’s decision regarding spousal support. The court has the discretion to consider the behavior of the parties when awarding alimony. While adultery alone may not be the sole factor, it can be taken into account when evaluating the overall circumstances and the impact on the spouse seeking support.
Child Custody and Visitation
New York family courts prioritize the best interests of the child when making decisions regarding custody and visitation. The court considers factors such as the child’s well-being, the parent-child relationship, and the ability of each parent to provide a stable and nurturing environment.
In most cases, the court does not consider adultery as a primary factor when determining child custody and visitation rights. However, if the adulterous behavior is deemed to have a detrimental effect on the child’s well-being, such as exposing them to inappropriate situations or creating an unstable environment, it may be taken into consideration.
While New York is a no-fault divorce state, adultery can still have implications on divorce proceedings, particularly regarding property division, spousal support, and child custody. Proving adultery requires substantial evidence, and the court assesses its impact on various aspects of the divorce. It is important to consult with an experienced family law attorney who can guide you through the legal process and help protect your rights and interests during divorce proceedings involving adultery.
How Jean M. Mahserjian, Esq. Can Help You with a Divorce case in New York
At the law firm of Jean M. Mahserjian, Esq., we understand that going through a divorce can be an emotionally challenging and legally complex process. Our team of experienced attorneys is here to provide you with the guidance and support you need during this difficult time. If you are facing a divorce case in New York, we can help you navigate through the intricacies of the legal system and work towards achieving the best possible outcome for your situation.
With years of experience in family law, including divorce cases, we have developed a deep understanding of the New York divorce laws and how they apply to various scenarios. Our firm is well-versed in handling cases involving adultery and can provide you with the knowledgeable and compassionate representation you deserve.
Here’s how Jean M. Mahserjian, Esq. can assist you with your divorce case in New York
Legal Guidance: Our attorneys will provide you with a clear understanding of your rights, options, and the legal processes involved in your divorce case. We will guide you through every step, ensuring that you are well-informed and prepared to make informed decisions that align with your best interests.
Personalized Strategy: We recognize that each divorce case is unique, and we will work closely with you to develop a personalized legal strategy tailored to your specific needs and goals. Whether you are seeking a fair division of property, spousal support, child custody, or visitation rights, we will advocate for your rights and strive to achieve the best possible outcome for you.
Thorough Investigation and Evidence Gathering: In cases involving adultery, we understand the importance of gathering substantial evidence to support your claims. Our legal team will conduct a thorough investigation, utilizing our resources and experience to gather the necessary evidence to present a compelling case on your behalf.
Negotiation and Mediation: We believe in exploring amicable resolutions whenever possible. Our attorneys are skilled negotiators and experienced in mediation techniques. We will work diligently to reach a fair settlement through negotiation or mediation, saving you time, money, and the emotional strain of a lengthy court battle.
Courtroom Advocacy: In situations where litigation becomes necessary, we will zealously represent your interests in court. Our attorneys are experienced litigators who will present a strong case on your behalf, utilizing their courtroom skills and legal knowledge to advocate for your rights and protect your interests.
At Jean M. Mahserjian, Esq., we are dedicated to providing compassionate and comprehensive legal support to individuals facing divorce in New York. We understand the challenges you may be facing, and we are committed to helping you navigate through this difficult period and move forward with your life. Contact our firm today to schedule a consultation and learn how we can assist you with your divorce case.
