How Does Adultery Affect a New York Divorce?
If your spouse has committed adultery, you are very likely looking into your divorce options. You may also be wondering whether adultery can affect the outcome of a divorce. Read on to learn more about adultery and how it may impact a New York divorce.
What Are New York’s Grounds for Divorce?
Grounds are the legal reason a divorce is occurring. In New York, you can cite fault or no-fault grounds for your divorce. No-fault grounds may be cited in the event of physical separation for at least 18 consecutive months or irreconcilable differences for at least a year. Fault grounds may be cited if a spouse commits actions that are deemed misconduct. This can include adultery.
Am I Required to Cite Fault Grounds?
It is important to note that spouses are not required to cite fault grounds in their divorce, even in the case of adultery. In some cases, spouses do not want to cite fault grounds because they wish to avoid a lengthy legal battle and the process of proving fault. Instead, they may choose to cite no-fault grounds or settle their divorce outside of the court. This can be done through the process of mediation, arbitration, or collaborative divorce. You should speak with an experienced attorney to determine the best course of action for your unique situation.
Can Adultery Impact Divorce Proceedings?
There are many different factors that come into play when determining the outcome of a divorce. Some of these factors include the length of the marriage, the circumstances surrounding the divorce, and more. The following are a few ways adultery may impact divorce proceedings:
- Division of Assets: The equitable distribution of property is not impacted by the grounds of a divorce.
- Alimony and spousal support: An adulterous spouse may be awarded less alimony or be mandated to pay more in alimony.
- Child custody: Adultery may impact custody if it was potentially harmful to a child in any way.
- Child support: Adultery could create a trickle-down effect after having less parenting time because of a child custody agreement, leading to higher child support payments.
If you have any questions or concerns regarding adultery and how it can impact a New York divorce, contact our firm today to speak with an experienced attorney.
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The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 342-3575.