Can I Get a Divorce If My Spouse Has Committed Adultery?

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You do need grounds for divorce when you file for separation from your spouse. If they committed adultery, that can seem like more than enough reason to divorce. The state does see it that way for the most part, but you might want to consult with a Suffolk County contested divorce lawyer before you decide to move ahead.

Is Adultery Grounds for Divorce in New York?

In New York, you need grounds to file for divorce. You can choose no-fault or fault grounds. If you decide to blame your partner’s adultery for the divorce, you are choosing fault.

Even if you know your spouse committed adultery, you do not necessarily need to use that as the reason for the divorce. You can still choose a no-fault divorce. Which will work best for you can depend on a number of factors, but that is why you should talk to one of our experienced divorce attorneys. We should be able to point out the best path forward.

How Can I Prove Adultery?

You do not necessarily have to go the private detective route and get pictures of your spouse in the act. You can often prove adultery with evidence that is usually considered to be circumstantial, like text and email communications, phone records, and proof of hotel stays. This can be enough to establish adultery as grounds for divorce.

When Can I Not Use Adultery as Grounds for Divorce?

There are some situations in which you can no longer use adultery as your reason for divorcing your spouse. You cannot decide that it is grounds for divorce if:

  • You forgave your spouse, either by directly saying so or by continuing to stay with them after the infidelity was discovered
  • You have also committed adultery
  • You waited more than five years to file for divorce after learning about the adultery

In situations like these, you would need to find other grounds for divorce or opt for a no-fault divorce.

Will Divorce Court Punish My Spouse for Their Infidelity?

Sometimes people want a fault divorce because they think that they can get more favorable terms. The court does not really have an interest in punishing your spouse for their issues though. Things like alimony and child support are likely to be calculated as they always are, without your spouse’s adultery factoring in at all. Your spouse also still has the right to see their child, so the infidelity is unlikely to affect this arrangement unless it can be shown that your spouse’s adultery could put your child in unsafe situations.

Schedule a Consultation

If you are considering filing for divorce, contact Peter V. Mandi & Associates, Inc. We can schedule a consultation and closely go over all of your options with you. When you are ready to file for divorce, we are ready to help you out at every step of the way.

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