How Adultery Affects Divorce Proceedings
Divorce is rarely simple, and when adultery is involved, the emotional and legal complexities multiply. Many individuals looking to hire a divorce lawyer in NYC want to understand how infidelity can impact their case. In this blog post, we will explore the intricate relationship between adultery and divorce proceedings, shedding light on the significant considerations that come into play.
Understanding Adultery in New York
Adultery, defined legally as voluntary sexual intercourse between a married person and someone who is not their spouse, can have profound implications in divorce cases. In New York, adultery is one of the grounds for filing a fault-based divorce. This means that the spouse alleging infidelity must provide evidence to substantiate their claim.
The legal definition of adultery in New York specifies that it must involve physical intimacy. Emotional affairs, while devastating, do not meet the legal criteria. If proven, adultery can influence various aspects of the divorce, complicating the process significantly. It’s essential for individuals considering this route to fully understand the requirements and potential consequences.
The Impact of Adultery on Divorce Proceedings
Adultery can affect several key areas in a divorce, including asset division, alimony, and child custody. Understanding these impacts can help individuals prepare for what lies ahead.
Asset Division
New York follows an equitable distribution model, meaning marital assets are divided fairly but not necessarily equally. Adultery can sometimes tilt the scales, especially if it had a financial impact on the marriage. For example, if a spouse spent significant marital funds on an affair, this could be taken into account during asset division.
Alimony
When it comes to alimony, or spousal support, adultery can play a pivotal role. While New York courts do not automatically award more alimony to the wronged spouse, the circumstances surrounding the adultery could influence the decision. For instance, if the affair negatively affected the non-adulterous spouse’s financial stability or mental health, it could result in a higher alimony award.
Child Custody
Child custody is another area where adultery can have repercussions. Although courts primarily focus on the best interests of the child, a parent’s moral conduct, including infidelity, can be considered. If the affair had a direct, detrimental impact on the children, it may influence custody arrangements.
Proving Adultery in Court
Proving adultery in court can be challenging. New York courts require clear and convincing evidence, which means the burden of proof is high. Simply suspecting infidelity is not enough; concrete evidence is necessary.
Gathering Evidence – Evidence can include photographs, videos, text messages, emails, or witness testimonies. Hiring a private investigator is often recommended to gather substantial proof. However, it’s crucial to stay within legal boundaries while collecting evidence, as illegal methods can backfire.
Legal Strategies – Working with an experienced divorce lawyer is vital when proving adultery. A skilled attorney can help strategize the case, ensuring that all gathered evidence is admissible in court. They can also advise on the best approach to presenting the evidence to strengthen the claim.
Legal Options for Victims of Adultery
For those affected by a spouse’s adultery, understanding their legal options is crucial. New York offers both fault and no-fault divorce options.
Fault Divorce
A fault divorce requires the spouse filing for divorce to prove the other party’s misconduct, such as adultery. While this can be emotionally taxing, it may result in more favorable outcomes in asset division or alimony.
No-Fault Divorce
No-fault divorce, on the other hand, does not require proof of wrongdoing. Couples can file for divorce on the grounds of irretrievable breakdown of the marriage for at least six months. While simpler, it may not always address the emotional and financial damages caused by adultery.
Conclusion
Adultery significantly impacts divorce proceedings, from asset division to alimony and child custody. Understanding these implications and seeking professional legal help is crucial for navigating this complex terrain. If you’re dealing with adultery in your marriage, don’t go through it alone. Consult with The Mandel Law Firm for expert guidance tailored to your unique situation. Contact us today at (646) 770-3868 to schedule a consultation and take the first step towards a resolution.
