Adultery-Based Divorce in New York: What Are Your Rights?

Many things can cause a couple to split, from the inability to reconcile their differences to the unfaithfulness of one or both spouses. Based on a study, out of the thousands of divorces that occur in the United States, adultery causes 21 percent. Furthermore, men are generally more likely to cheat than women in a marriage, especially for men above age 30.

“If you caught your spouse cheating and are considering a divorce, it is normal to wonder what rights New York’s law affords you,” says attorney Mary Colwell of The Colwell Law Group, LLC. Keep reading this article to discover your legal rights in an adultery-based divorce according to New York divorce law.

Does New York Consider Cheating Illegal?

This may come as a shock to many, mostly because the justice system rarely enforces it, but cheating is illegal in New York. In fact, cheating is illegal in up to 16 states in the country, including Michigan, Minnesota, Kansas, and New York.

More so, New York’s Penal Law Section 255.17 considers adultery as a class B misdemeanor punishable by a $500 fine or three-month jail time. However, New York’s justice system rarely enforces these laws, and some even question if they are constitutional.

Understanding Your Rights In the Case of Infidelity

If you caught your spouse cheating, the first thing to do is get help for your mental and emotional health. It can be devastating to discover that someone you have been faithful to has not been faithful to you. Therefore, if you have to, be sure to see a counselor to unburden those emotions and heal.

With that sorted, you may wonder if you need to prove that your spouse cheated to get a divorce. The simple answer is that you do not, especially since New York follows a no-fault divorce rule. However, the burden of evidence you have against your spouse’s unfaithfulness can ultimately determine the outcome of your divorce.

The no-fault and fault divorce rule

The no-fault divorce rule in New York means you can file for divorce using no-fault grounds. It also means your spouse cannot contest this divorce, leading immediately to the division of custody and assets. 

Under the fault divorce rule, however, your spouse can contest it, and you would have to prove adultery at trial. Proving adultery can be difficult, considering the requirements involved; you would typically need a witness besides yourself. This type of divorce rule can be excruciatingly lengthy and expensive; it can worsen the pain of the breakup.

Impact of adultery on alimony

Oftentimes, the court orders alimony when one of the separating spouses needs time and education to support themself post-divorce. The essence of alimony is to ensure the spouse gets the necessary training and skills to get a good job. Also, the court can order alimony if the spouse is elderly, disabled, or if there is a huge gap between both parties’ income.

If a spouse commits adultery, it can impact their ability to receive alimony or the amount they receive. More so, New York law, among other states, allows the judge to consider adultery when awarding alimony. However, if they do grant the alimony, it is not meant to compensate the faulted spouse for the emotional distress they suffered.

Child custody

If you have a child or children between you, adultery can impact the decision on child custody significantly. Generally, courts rule in favor of the child’s best interests, meaning the court must consider a number of things before making its decision. For example, the court will consider if the child was exposed to an inappropriate situation connected to the affair.

Also, the court will ascertain whether the other person your spouse cheated with hurt or endangered your child. Thus, while adultery in itself does not determine child custody decisions, the impact of the relationship on the child does.

Conclusion

The imminent end of your marriage is, no doubt, giving you a difficult time as you experience a rollercoaster of emotions. Therefore, first ensure you get adequate help to get back in shape emotionally, and then learn your legal rights in this situation.