New York Divorce Laws: Adultery and Adultery Divorce
Adultery is the cause of many a marital dissolution. The pain this situation can cause a non-cheating spouse often opens up a situation to the subject of divorce. Truly many spouses seeking divorce even in the case of an adulterous relationship will still move forward—usually for the sake of children—in a “no fault” situation. The innocent spouse will want to spare the children any knowledge of the other partner’s betrayal. However, sometimes the adultery becomes so hurtful and egregious that a “adultery divorce petition” becomes necessary.
Adultery: Should I Seek a Divorce?
By the legal definition, adultery is the voluntary and consensual intercourse by a married person with someone other than his or her spouse. In order for the courts to grant a fault divorce on the basis of adultery, ie “divorce by adultery”, the innocent spouse is obligated to prove that adultery was committed during the marriage. Naturally, this can be difficult to prove, as you will need evidence that passes a reasonable test, such as video, recordings, explicit emails, etc. Gut feelings do not work with the courts, and an admission of guilt by one party is not enough without other independent evidence. Direct proof, such as photos, video, or recorded conversations and indirect proof, such hotel or credit card records must be supplied to the court.
When a court is willing to accept adultery as grounds for marital dissolution then the option to look at the misappropriation of assets towards an equitable settlement becomes “open”. There are obligations assumed during a marriage; that each spouse will manage shared marital assets towards the benefit of the family and without harm. When a spouse uses money to provide for a family that is not his or her organic and legal family this is called a misappropriation of marital assets. Therefore, when marital assets are used for the benefit of those outside the marriage, such as money on the lover for gifts, paying their rent, taking them on lavish vacations, etc. then the spouse is able to petition for monies in reimbursement.
When applying for this type of “fault” divorce, an adultery separation in New York, it is important to have all the evidence collected or quickly seek evidence prior to filing. Consult our top rated divorce lawyer in New York City as quickly as possible so that you may better understand your rights and responsibilities, as well as, any potential assets or entitlements that you may be owed should adultery occur in your relationship and/or be the cause of adultery divorce proceedings in the state.
