Legal Definition of Adultery in New York: In New York, adultery is defined as voluntary sexual intercourse between a married person and someone other than their spouse. It's important to note that emotional affairs or other forms of infidelity that don't involve sexual intercourse may not qualify as adultery under this legal definition.
Proving Adultery: If New York Divorce Law Adultery is cited as grounds for divorce, the accusing spouse must provide clear and convincing evidence. This can be challenging, as direct evidence is often hard to obtain. Circumstantial evidence, such as hotel receipts, photographs, or witness testimony, may be used. The accused spouse can also raise defenses, such as condonation (the cheating was forgiven) or recrimination (both spouses committed adultery).
Impact on Division of Assets: Contrary to what many might expect, adultery generally does not have a significant impact on the division of marital assets in New York. The state follows equitable distribution laws, which aim to divide marital property fairly, regardless of marital fault. However, if the adulterous spouse used marital funds to support the affair (e.g., buying gifts, paying for hotels), the court may consider this when dividing assets.
Effect on Spousal Support: While adultery can be considered in alimony decisions, it's not a determining factor. New York courts primarily focus on financial factors when awarding spousal support. However, if the adultery significantly impacted the financial state of the marriage (e.g., excessive spending on the affair), it might influence the support amount.
Implications for Child Custody: Adultery itself doesn't directly affect child custody decisions. However, if the adulterous behavior exposed the children to inappropriate situations or individuals, or if it demonstrates poor judgment that could affect parenting abilities, it may be considered in custody determinations.
Emotional and Social Implications: Beyond legal consequences, citing adultery in a divorce can have significant emotional and social implications. It can increase hostility between spouses, potentially making negotiations more difficult and prolonging the divorce process. It may also impact relationships with family, friends, and the community.
Strategic Considerations: Given the challenges of proving adultery and its limited impact on financial settlements, many attorneys advise against using it as grounds for divorce unless there are compelling reasons. The no-fault option often provides a quicker, less contentious path to divorce.
Potential for Civil Lawsuits: New York is one of the few states that still allow "alienation of affection" lawsuits, where the betrayed spouse can sue the third party for interfering with the marriage. While rare, this remains a potential legal implication of adultery.
Impact on Divorce Negotiations: Knowledge of adultery can significantly influence divorce negotiations, even if not cited as the official grounds. The betrayed spouse may feel entitled to a more favorable settlement, potentially complicating the negotiation process.
Professional Implications: In some professions, adultery can have career implications. For example, military personnel can face disciplinary action for adultery, which could affect divorce proceedings and settlements.
Psychological Effects: The legal process of proving adultery can be psychologically taxing for both parties. It may require detailed discussions of intimate matters in court, potentially causing additional stress and emotional trauma.
In conclusion, while New York law allows for divorce on the grounds of adultery, its practical implications in the legal process are often limited. The emotional, social, and negotiation impacts, however, can be significant. As with any aspect of divorce law, individuals dealing with adultery in their divorce should consult with a qualified attorney to understand how it might affect their specific case and to develop the most appropriate legal strategy.
