Spouses can choose to divorce for a variety of reasons. Sometimes, they simply believe their marriage has broken down and can no longer be repaired. Other times, they may be due to one spouse’s wrongdoing or fault. This may be if one spouse commits adultery. When going through a divorce due to adultery, spouses often wonder if the act can impact their divorce proceedings. Continue reading below to learn more and contact an experienced New York divorce attorney for help handling these matters.
What are Grounds for Divorce?
When filing for a divorce, spouses can cite “fault” or “no-fault” grounds. No-fault grounds is often cited as a result of physical separation of 18 or more consecutive months or irreconcilable differences for a minimum of one year. Fault grounds are filed as a result of a spouse’s misconduct throughout their marriage, such as committing adultery.
Do I Have to Cite Fault Grounds if My Spouse Committed Adultery?
Spouses are not obligated to file for fault divorce if they are entering a divorce due to adultery. Sometimes, spouses understand their marriage is simply over and do not want to go through the stress of a legal battle to prove one party’s fault. They can then proceed by filing no-fault grounds anyway. If you wish to keep your divorce private, alternative options may be beneficial in situations of adultery, as this can become a public record. Instead, spouses can participate in mediation, arbitration, or collaborative divorce to keep the process intimate and quick.
Can Adultery Impact Divorce Proceedings?
No divorce is the same as one another, which means the outcomes can be different for each case. The nature, duration, and details of marital misconduct that occurred can affect the proceedings in different ways. The following are ways adultery may impact a divorce:
- Division of Assets: There is no impact on equitable distribution regardless of fault vs. no-fault divorce.
- Alimony and spousal support: A spouse who committed adultery may be awarded less alimony or required to pay a greater amount in alimony.
- Child custody: Marital misconduct may not have an impact on this matter unless the act was potentially harmful to the child.
- Child support: The most common way for adultery to impact this is through a trickle down effect after receiving less parenting time as per the child custody agreement.
Contact our Firm
The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.