Infidelity can be a major factor in divorce cases, and in the state of New York, it can have significant legal implications. If you or your spouse has committed adultery, it’s essential to understand how this can impact your divorce proceedings. In this blog post, we will discuss the legal implications of infidelity in New York divorce cases.
Grounds for Divorce
In New York, there are several grounds for divorce, and one of them is adultery. Adultery is defined as the voluntary sexual intercourse of a married person with someone who is not their spouse. If a spouse can prove that the other spouse committed adultery, it can be used as a basis for divorce. In this case, the spouse who committed adultery may be held liable for any damages or losses suffered by the other spouse, including emotional distress, economic losses, or loss of marital property.
Property Distribution
When a marriage ends in New York, the court will distribute marital property equitably between the parties. However, if a spouse committed adultery during the marriage, it may affect how the marital property is distributed. In some cases, the spouse who committed adultery may receive a smaller share of the marital property or even forfeit some of their assets to the other spouse.
Child Custody
Infidelity can also affect child custody arrangements. In New York, the court’s primary concern in child custody cases is the best interests of the child. If a parent’s extramarital affair has a negative impact on their ability to care for their child, it can be used against them in a custody dispute. For example, if a parent’s adultery led to neglect or abuse of the child, the court may award custody to the other parent.
Spousal Support
Spousal support, also known as alimony, is financial support provided by one spouse to the other after a divorce. In New York, the court will consider several factors when determining spousal support, including the duration of the marriage, the income and earning capacity of each spouse, and the standard of living during the marriage. If a spouse committed adultery during the marriage, it may affect the court’s decision on spousal support. In some cases, the court may reduce or eliminate spousal support if it determines that the spouse who committed adultery caused the marriage to fail.
It’s worth noting that proving adultery in court can be challenging. To prove adultery, the spouse must provide clear and convincing evidence, such as text messages, emails, photos, or witnesses. The evidence must establish that sexual intercourse took place, which can be difficult to prove, especially if the affair was kept secret.
In some cases, a spouse may falsely accuse their partner of adultery to gain an advantage in divorce proceedings. False accusations of adultery can have serious consequences, such as damaging the accused spouse’s reputation or career. If you are falsely accused of adultery, it’s crucial to defend yourself and seek legal counsel to protect your rights and reputation.
It’s also essential to note that New York is a no-fault divorce state, which means that a spouse does not need to prove that their partner committed adultery or any other misconduct to obtain a divorce. Instead, a spouse can obtain a divorce by proving that the marriage has irretrievably broken down for at least six months.
Adultery can have significant legal implications in New York divorce cases. It can be used as a basis for divorce, affect property distribution, child custody arrangements, and spousal support. If you’re considering a divorce and have questions about how adultery may impact your case, it’s best to consult with an experienced divorce attorney who can provide guidance and representation throughout the legal process. Additionally, it’s crucial to protect your rights and reputation if you are falsely accused of adultery.
As a law firm that specializes in family law, including divorce cases involving infidelity, we at Jean M. Mahserjian, Esq., P.C. understand the legal implications of infidelity in New York divorce cases. Our experienced attorneys can provide guidance and representation throughout the legal process, including gathering evidence, protecting your rights, negotiating property distribution, child custody arrangements, and spousal support.
If you’re considering a divorce and have questions about how infidelity may impact your case, we can help. We can provide legal counsel and representation to ensure that your rights are protected and that you receive fair treatment in court. Additionally, if you are falsely accused of adultery, we can defend your rights and reputation
Our team of attorneys has extensive experience handling divorce cases involving infidelity in New York. We understand the challenges that come with proving adultery in court, and we know how to gather the necessary evidence to establish that sexual intercourse took place.
We at Jean M. Mahserjian, Esq., P.C. are committed to providing our clients with comprehensive legal representation and guidance for divorce cases involving infidelity in New York. We understand the importance of protecting your rights and ensuring that you receive fair treatment in court. Contact us today to schedule a consultation and learn more about how we can help you.
