Adultery is a common reason marriages end. If your spouse has committed adultery, you may be looking into your divorce options. Read on to learn more about adultery and how it can impact your New York divorce proceedings.
What are Grounds for Divorce in New York?
When filing for a divorce, spouses can cite “fault” or “no-fault” grounds. No-fault grounds will often be 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, including 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. In fact, despite the circumstances, many couples choose to file on no-fault grounds. 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. You should consult with an experienced attorney in order to determine the best course of action for your unique situation.
Can Adultery Impact Divorce Proceedings?
Every divorce is different. The outcome of your divorce will depend upon the length of your marriage, the circumstances of your divorce, your finances, etc. Adultery may also impact your divorce. Adultery can affect a divorce in the following ways:
- 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.
If you have any information regarding adultery and how it may affect a New York divorce, contact our firm today to speak with an experienced attorney.
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