A couple may choose to end their marriage for a variety of reasons. While some are simply due to a breakdown of marriage, others may be the result of marital misconduct. This can include actions such as adultery. When adultery leads to a divorce, spouses often wonder whether or not it can impact the outcome of their divorce proceedings. Continue reading below to learn more and contact a skilled New York divorce attorney for guidance during this time.
What are Grounds for Divorce?
Spouses in New York can either cite “fault” or “no-fault” grounds as reasoning for their divorce. In the event of physical separation for 18 consecutive months or more, or irreconcilable differences for at least a year, spouses may choose to cite no-fault grounds. Alternatively, fault grounds may be cited when a spouse commits actions that are considered misconduct, such as adultery.
Do I Have to Cite Fault Grounds if My Spouse Committed Adultery?
It is important to know when a spouse commits adultery, it is not required to cite fault grounds in their divorce. Spouses in these situations sometimes realize that their marriage is ending and choose a no-fault divorce instead of battling to prove fault. They may also choose to take part in other methods such as mediation, arbitration, or collaborative divorce to allow themselves more privacy.
Can Adultery Impact Divorce Proceedings?
There are several factors that go into the conclusions of divorce proceedings, making each case different from one another. The following are a few ways adultery may impact this:
- Division of Assets: The equitable distribution of marital property is not impacted by what is cited in a divorce.
- Alimony and spousal support: It is possible for a spouse who committed adultery to be awarded less or be required to pay more in alimony.
- Child custody: Marital misconduct may impact custody if it was potentially harmful to the child in any way.
- Child support: This could be affected by adultery through a trickle down effect after receiving less parenting time because of the child custody agreement.
Contact our Firm
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.