Some marriages end because a couple has simply grown apart. Other marriages end for a specific reason. One reason marriages tend to end is due to adultery. If your spouse has committed adultery, you may be wondering how it will impact your divorce proceedings. Read on to learn more about how adultery affects the divorce process.
What are the Grounds for Divorce in New York?
In New York, spouses can cite fault or no-fault grounds for their 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.
Do I Have to Cite Fault Grounds if My Spouse Committed Adultery?
When a spouse commits adultery, it is important to note that spouses are not required to cite fault grounds in their divorce. In some cases, spouses do not want to cite fault grounds because they wish to avoid a lengthy legal battle and the draining process of proving fault. Instead, they may choose to cite no-fault grounds or take part in other methods. This can include mediation, arbitration, or collaborative divorce. That being said, citing fault grounds is still an option. You should speak with an experienced attorney to determine the best course of action for your situation.
Can Adultery Impact Divorce Proceedings?
There are many different factors that come into play when determining the outcome of a divorce. This makes each case different from one another. 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.
If you have any questions or concerns regarding adultery and how it may impact a New York divorce, contact our firm to speak with a dedicated divorce attorney today.
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