Adultery, or marital infidelity, damages the relationship between spouses by undermining their mutual respect and trust. Adultery is one of the leading causes of divorce proceedings.
People who have discovered a spouse’s extramarital affair may decide they do not want to remain married. They may wonder how much impact infidelity has on the divorce process, as they may want vindication for the wrongs they’ve experienced.
How can cheating affect a New York divorce?
A fault-based divorce is possible
Adultery is one of the limited fault-based grounds for divorce in New York. People who have proof of infidelity can ask the courts to affirm that their spouse is the reason for the divorce. While New York lawmakers have changed laws so that adultery is no longer a misdemeanor crime, it is still a violation of marital responsibilities that damages the spousal relationship.
Cheating has minimal practical consequences
Many people affected by infidelity want justice. Unfortunately, there’s a limit to what the family courts can offer. Typically, infidelity does not have much impact on financial matters, such as property division. Additionally, judges usually don’t consider adultery when addressing custody disagreements.
If there is proof of financial misconduct due to adultery, such as wasting marital resources on the affair, then that could influence property division proceedings. People hoping to pursue economic justice during a divorce caused by adultery may need to conduct a thorough review of recent credit card invoices and other financial transactions.
Setting reasonable expectations when divorcing due to adultery can help people push for the best outcome during negotiations, litigation or mediation. For many spouses leaving behind a cheater, moving on and pursuing future happiness is a better use of time and energy than seeking to punish an unfaithful spouse in court.