How Does Adultery Impact a New York Divorce?

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Marriages end for a number of reasons. Sometimes, marriages come to an end as a result of a couple growing apart. Other times, there is a specific reason for the end of a marriage. A common reason couples choose to divorce is because of adultery. If your spouse has committed adultery, you may be wondering what your next steps should be. Read on to learn more about adultery and how it can affect a New York divorce.

What are New York’s 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. Citing fault grounds can lead to a more public divorce process because fault grounds can become public record and may require proof of misconduct. Instead, many couples choose to cite no-fault grounds or take part in alternative methods. These methods can include mediation, arbitration, or collaborative divorce. Every divorce is different and you should speak with an experienced attorney to determine the best court of action for you. 

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.

If you have any questions or concerns regarding adultery and how it may impact a New York divorce, contact our firm today. We are here to advocate for you and walk you through the process each step of the way.


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.

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