Can Adultery Impact the Outcome of my Divorce in New York?

A couple may choose to divorce for a variety of reasons. While some marriages break down over time, others may end abruptly due to marital misconduct. This can include actions such as adultery. When adultery leads to a divorce, spouses may wonder whether or not their divorce proceedings may be impacted as a result. To learn more, continue reading below and contact a skilled New York divorce attorney. 

What are Grounds for Divorce?

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. Spouses facing these situations sometimes understand that their marriage is ending and do not want to go through a drawn out, draining process to prove fault. Instead, they may choose to cite no-fault grounds or take part in other methods. This can include mediation, arbitration, or collaborative divorce.

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: This could be affected through a trickle down effect after having less parenting time because of a child custody agreement.

Contact our Firm

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.