Allegations of Adultery in a New York Divorce

All divorces have grounds or reasons why the divorce is occurring. Some states only allow for no-fault grounds, while other states allow you to “blame” your spouse for the breakdown of the marriage. In New York, we have both no-fault and fault-based grounds for ending a marriage. One of the potential fault-based grounds is adultery.

If your spouse cheated on you, and you’re looking into divorce, it is important to have an experienced divorce lawyer handle your case. Adultery could have an impact on your divorce if you choose to pursue the divorce under fault-based grounds. In this article, the Westchester County, NY family law attorneys at the Law Office of Robert S. Sunshine will discuss what impact allegations of adultery will have on your divorce.

Fault-based divorces and adultery in New York State 

In the State of New York, the grounds for a divorce can either be fault-based or no-fault. To pursue a fault-based divorce, the spouse filing for the divorce must prove their partner did something to cause the breakdown of the marriage. One possible ground for a fault-based divorce in New York is adultery.

Under N.Y. Dom. Rel. Law § 170(4) adultery is defined as: “an act of sexual intercourse, oral sexual conduct, or anal sexual conduct performed voluntarily by a married person with a person who is not their spouse.” The spouse filing for the divorce must have substantial evidence to back up their claim that their partner committed adultery.

Proving adultery can be challenging. The testimony of the spouse seeking the divorce will not be enough. Nonetheless, the spouse doesn’t need to show direct evidence of adultery. Circumstantial evidence, like receipts, emails, phone records, and texts, may all be used to prove your case. Those who are seeking a divorce on fault-based grounds will need an experienced family law attorney to manage their case.

What impact does adultery have on divorce proceedings? 

In a fault-based divorce, one party blames the other for the breakdown of the marriage. The spouse who contributed to the breakdown of the marriage may be taxed during the divorce process. In other words, the other spouse could be favored during proceedings regarding the distribution of the marital estate or the award of alimony. That spouse may be awarded more alimony or a greater share of the marital estate because the other spouse caused the breakdown of the marriage. This is especially true if the cheating spouse used marital resources to fund their affair.

Adultery can also be a factor when considering issues of child custody. Judges will base their custody decisions on the best interests of the children. In most cases, adultery will not directly affect a judge’s ruling. However, the circumstances around the adultery can impact the judge’s decision. If, for example, the affair involved abusive behavior, the judge may take this into account.

Talk to a Westchester County, NY Divorce Lawyer Today 

The Westchester County family lawyers at the Law Office of Robert S. Sunshine represent the interests of those pursuing a divorce. We can help you negotiate a divorce settlement or represent your interests in court. Call today to learn more.