Does Cheating Matter in a New York Divorce?
When it comes to a divorce, many emotions and factors are likely to come into play. Infidelity, or cheating, is one of the most common causes for a marital breakdown, and it raises a significant question for a couple considering a divorce: Does cheating really matter in a New York Divorce? The short answer is yes, and no! New York divorce law, like most legal frameworks, can be complex. Understanding the many nuances can help make the divorce process smoother. This week’s blog post aims to help you understand just how cheating on a spouse can impact the divorce process in New York.
Grounds for Divorce in New York
In 2010, New York officially became the last state in the United States to adopt a “no-fault” divorce law. This “no-fault” means that couples no longer have to prove one spouse is at fault for the dissolution of the marriage. Instead, a spouse can cite an “irretrievable breakdown of the marriage” for at least six (6) months as grounds for divorce. While no-fault divorces now account for the vast majority of divorces in New York, fault-based divorce is still an option. In a fault-based divorce, infidelity is one of the grounds that can be used for divorce. In total, there are seven (7) grounds for divorce in New York:
- Cruel and inhuman treatment
- Abandonment for one year or more
- Imprisonment for three or more years
- Adultery
- Living apart after a legal separation agreement
- Living apart after a court judgment of separation
- Irretrievable breakdown of the marriage for at least six months.
As we have said, a no-fault divorce makes up the vast majority of divorce cases in New York. However, adultery can still be used as grounds for a fault-based divorce. Using adultery as a ground for divorce in New York, however, comes with several complexities.
Proving Adultery in a Divorce
In New York, proving adultery requires solid evidence. According to state law, adultery is defined as one spouse engaging in sexual relations with someone other than their spouse during the marriage. If you choose to file for a fault-based divorce on the grounds of adultery, you must provide proof that cheating occurred.
As you can imagine, this can prove to be a challenging task because mere suspicion or circumstantial evidence is not enough to win an adultery claim. Photographs, hotel receipts, emails, text messages, and witness testimony are often used to prove adultery. Additionally, in many cases, the accused spouse may deny the allegation, complicating the situation even further.
Hiring an experienced divorce lawyer in New York is crucial if you intend to pursue a fault-based divorce on the grounds of adultery. A skilled divorce attorney can help gather the necessary evidence, build a strong case, and navigate the legal system effectively.
Impact of Cheating on Divorce Outcomes
Though adultery can be emotionally devastating to the spouse being cheated on, its legal impact on divorce outcomes is often overstated in media. In this section, we will go over different areas of a divorce settlement and evaluate whether cheating impacts each area’s ultimate settlement or order.
1. Equitable Distribution of Assets
As we have discussed at length in some of our other blogs, New York follows the principle of equitable distribution. Equitable distribution means that marital property is divided fairly between spouses, not necessarily equally. One of the common misconceptions about adultery is that it will result in a spouse losing a significant portion of their marital assets. In reality, New York courts do not consider fault, including cheating, when dividing martial assets.
However, if the cheating spouse has been using marital funds to support an affair, such as spending money on gifts for their mistress, going on vacations, or even paying for housing, it could be considered as a dissipation of marital assets by the courts. In these cases, the court may factor in these adultery-related expenditures when distributing assets.
2. Spousal Support (Maintenance)
Spousal support, or spousal maintenance, is another area that is commonly believed to be affected by cheating. New York courts typically focus on the financial needs of the dependent spouse and the ability of the other spouse to pay for their needs when determining spousal support.
While adultery alone is not typically a major factor in the determination of spousal support payments, it can be relevant in certain cases. For instance, if the cheating spouse’s infidelity caused the other spouse significant emotional distress, or if the affair had a substantial financial impact on the marriage, it can influence spousal support decisions.
3. Child Custody and Visitation
In New York, courts make child custody and visitation decisions based on what is in the best interests of the child. Cheating, on its own, is not typically a factor that will influence custody arrangements. The court is more concerned with each individual parent’s ability to provide a stable and nurturing environment, that is in the best interests of their child or children.
However, if the cheating spouse’s actions are negatively impacting the child’s well-being, such as introducing the child to a new partner in an inappropriate manner or exposing the child to inappropriate content – this would be taken into consideration in a custody determination. In extreme cases where the affair shows a total disregard for the child’s emotional or physical health, the cheating spouse may likely face restrictions on their custody or visitation rights.
It is also important to note that it is not uncommon for the cheating spouse to have their infidelity placed on display during divorce proceedings. While it can be an effective tactic in a smear-campaign to advertise someone’s infidelity, a knowledgeable New York divorce lawyer can help to show how an affair does not preclude someone from being a good parent.
4. Child Support Calculations
Child support calculations in New York are based on a formula. As a result, infidelity is not typically factored into child support calculations or determinations. If child custody and visitation is directly impacted by an affair, then the resulting shift in access schedule to the non-custodial parent will likely have an impact on the child support determinations.
No-Fault Divorce Can Offer a Less Contentious Option
While adultery can be cited as grounds for a fault-based divorce, many. Couples find that a no-fault divorce is a less contentious and faster option. In a no-fault divorce, neither spouse must prove that the other did anything wrong. This can significantly reduce the level of conflict and litigation during the resolution process, speeding up the divorce proceedings.
A no-fault divorce in New York is often a more practical choice for couples who want to avoid the emotional and financial costs of proving infidelity. Even if infidelity occurred, it may not be worth pursuing a fault-based divorce unless there are substantial financial or custodial issues at stake.
If you have any questions regarding what type of grounds you should consider in moving for a divorce, you should meet with an experienced New York Divorce attorney.
Seeking Legal Advice: The Importance of Hiring an Experienced New York Divorce Attorney
If you are considering divorce and infidelity is a factor, seek the guidance of an experienced New York divorce lawyer. A seasoned New York divorce attorney can help you understand how adultery might affect your case and guide you through the legal process, ensuring your rights and interests are protected. A New York divorce attorney can help you in the following ways:
- Expertise in New York divorce laws: A New York Divorce Attorney will be well-versed in the nuances of divorce laws in New York, which will include how cheating impacts divorce outcomes.
- Help with gathering evidence: If you are intending to file for divorce on the grounds of adultery, your attorney can help you gather the necessary evidence to prove your case.
- Advocacy in court: In the event of a contested divorce, an experienced New York divorce lawyer can represent you in court and advocate for your best interests, whether it’s regarding asset division, spousal support, child support, or child custody.
- Negotiation and settlement: Many divorces are settled out of court. Having a skilled New York divorce attorney on your side can make a significant difference in the final outcome by always ensuring you have your interests represented.
We're Here For You
While cheating can have a significant emotional impact on a marriage, its legal ramifications in a New York divorce may not be as substantial as many believe. Infidelity can be cited as grounds for a fault-based divorce, but in most cases, it does not affect the division of assets, spousal support, or child custody unless it directly impacts the financial or emotional well-being of the family.
A knowledgeable New York divorce attorney will help you determine what is the most appropriate grounds for divorce in New York, based on your specific circumstances. Whether you chose to pursue a fault-based divorce due to infidelity or a no-fault divorce, a skilled New York divorce attorney can help guide you through the process, always protecting your legal rights.
If you’re facing the challenges of divorce and cheating is involved, don’t navigate the complex legal system alone. Reach out to our office today to schedule a consultation with one of our divorce-law experts. We can help you understand your options and advocate for your best interests throughout the process. Our mission is to protect what’s most important to you. You can reach us at info@douglaslaw.com for more information, or call us at 914.615.9058.
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