Adultery, which is the act of a married person engaging in sexual relations with someone other than their spouse, has long been a common grounds for divorce in many jurisdictions, including New York State. However, the role of adultery in divorce proceedings in New York is nuanced, and understanding the law is crucial for those considering divorce on these grounds.

1. Grounds for Divorce in New York:

  • New York is a mixed state when it comes to divorce grounds, meaning that it allows for both fault-based and no-fault divorces.
  • Adultery is considered one of the fault-based grounds for divorce in New York. Other fault-based grounds include cruel and inhuman treatment, abandonment, and imprisonment.

2. Burden of Proof:

  • In order to use adultery as grounds for divorce in New York, the spouse alleging adultery must prove the following:
  • This burden of proof can be challenging to meet, as it often requires concrete evidence such as witness testimony, photographs, or electronic communications.

3. Impact on Divorce Proceedings:

  • While adultery can serve as grounds for divorce, it may not have a significant impact on the outcome of the divorce proceedings in terms of property division, spousal support, or child custody.
  • New York is an equitable distribution state, which means that marital property is divided fairly but not necessarily equally. Adultery is not a factor considered in determining the division of marital assets.
  • Similarly, adultery is not typically considered in determining spousal support, unless the adulterous behavior had a direct financial impact on the marital estate.
  • Child custody decisions in New York are based on the best interests of the child and are not influenced by adultery unless it directly impacts the child's well-being.

4. No-Fault Divorce:

  • New York also allows for no-fault divorce, where neither spouse is required to prove fault for the divorce to be granted.
  • To obtain a no-fault divorce in New York, spouses must assert that the marriage has been irretrievably broken for at least six months, and efforts to reconcile have been unsuccessful.

5. Consult with an Attorney:

  • Given the complexities of divorce law in New York, particularly regarding fault-based grounds like adultery, it is advisable to consult with an experienced family law attorney.
  • An attorney can provide guidance on whether pursuing a fault-based divorce is in your best interest, given the specific circumstances of your case.
  • An attorney can also help you understand your rights and options under New York law and advocate on your behalf during the divorce process.

In conclusion, adultery is grounds for divorce in New York State, but the burden of proof is high, and its impact on divorce proceedings may be limited. It's essential to consider all factors, including the potential emotional and financial costs, before pursuing a fault-based divorce on the grounds of adultery. Consulting with a knowledgeable attorney can help you navigate the legal process and make informed decisions about your divorce.