What effect, if any, does adultery have on a divorce?
There are hundreds of different reasons that relationships fail and couples choose to get a divorce. One of the most common reasons for couples to obtain a divorce is because one spouse had an extramarital affair with another person that they are not married to. Some people come in and say, “my spouse cheated on me, how can that help me in my divorce?”
Well, the truth is that it really doesn’t do much for you. New York is a no fault state, which means that you don’t have to explain your reasoning to the judge when you go to court for your divorce. The only reasoning you really need to have is to come in and declare that your marriage is irretrievably broken and that you no longer wish to be married to your spouse. While the judge knows that it is a traumatic experience for anyone whose spouse cheated on them, they don’t really care to hear all of the dramatic details because ultimately, they will allow you to get a divorce regardless.
There is, however, one way that bringing up adultery during your divorce case can help you. If your spouse spent marital funds on their relationship with the third party, you may be able to be compensated for half of those funds. You do not work hard to have your money spent on your spouse’s other relationship and deserve to recover that during this difficult time.
If your spouse committed adultery and you would like to get a divorce, do not hesitate to contact an experienced and compassionate divorce attorney who can help walk you through the next steps of this emotional chapter of your life.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.