New York Divorce Law Adultery

Things Everyone Gets Wrong About New York Divorce Law Adultery

Adultery in New York divorce law is often misunderstood, with misconceptions about its impact on proceedings. Here's a breakdown of common errors and the reality:

 

  1. Misconception: Adultery Always Guarantees a Favorable Outcome

    Reality: While adultery is a legal ground for divorce in New York, it rarely guarantees a favorable outcome in terms of asset division, spousal support, or custody. New York courts focus on equitable distribution, which means dividing assets fairly, not as a punishment for wrongdoing.

 

  1. Misconception: Adultery Drastically Affects Child Custody

    Reality: Adultery usually has no direct bearing on custody unless it impacts the child’s wellbeing (e.g., if the affair involves neglect or creates an unsafe environment).

 

  1. Misconception: Proof of Adultery is Easy to Provide

    Reality: Proving adultery requires evidence beyond suspicion, such as photos, texts, or eyewitness testimony. Hearsay is not admissible, and private investigators are often employed to gather evidence.

 

  1. Misconception: Adultery Must Be Proven in Every Divorce

    Reality: Since New York adopted New York Divorce Law Adultery in 2010, most divorces proceed on grounds of irretrievable breakdown of the marriage. Proving adultery is unnecessary unless one party specifically wants to file under this fault ground.

 

  1. Misconception: Adultery Impacts Spousal Support Awards

    Reality: New York courts do not generally consider marital fault when awarding spousal support. The exception is in cases of egregious behavior that "shocks the conscience" of the court, which adultery alone rarely meets.

 

  1. Misconception: Adultery Protects Against Claims for Spousal Support

    Reality: Even if a spouse commits adultery, they can still be entitled to spousal support based on financial need and other statutory factors.

 

  1. Misconception: Both Spouses’ Adultery Cancels Each Other Out

    Reality: Mutual adultery doesn’t negate fault; however, it complicates faultbased claims. The court may view both parties as equally culpable and shift focus to practical matters like finances and custody.

 

  1. Misconception: Adultery Only Applies to Physical Acts

    Reality: New York law defines adultery as voluntary sexual intercourse with someone other than a spouse. Emotional affairs, while hurtful, do not qualify as legal adultery.

 

  1. Misconception: Adultery Erases Prenuptial Agreements

    Reality: Unless a prenuptial agreement specifically includes an infidelity clause, adultery does not void its terms.

 

  1. Misconception: Filing for Adultery Saves on Divorce Costs

    Reality: Proving adultery often makes the divorce process more expensive due to the need for investigations, expert witnesses, and additional legal work.

 

  1. Misconception: Adultery Must Be Recent to File on This Ground

    Reality: Adultery committed years before filing can still be used as grounds if it’s discovered within the statute of limitations—five years from the date of the adultery in New York.

 

  1. Misconception: Adultery Prevents Settlement

    Reality: Many New York Divorce Law Alimony still settle outside of court. Judges often encourage settlements to avoid lengthy, costly trials.

 

  1. Misconception: Forgiveness Cancels Out Adultery Claims

    Reality: Known as "condonation," forgiveness can weaken an adultery claim if the spouse forgave and resumed the marital relationship after discovering the affair.

 

  1. Misconception: Adultery Claims Must Be Initiated by the Innocent Spouse

    Reality: Only the nonadulterous spouse can file on adultery grounds. However, they cannot base their claim on their own misconduct.

 

  1. Misconception: Adultery Proceedings are Public

    Reality: Divorce records in New York are sealed, meaning details of the case, including adultery claims, are not accessible to the public without court approval.


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