New York Divorce Law Adultery

1. How New York Courts View Adultery in Divorce Proceedings Adultery has long been a contentious issue in divorce proceedings. While some states have transitioned to a no-fault divorce system, New York still recognizes adultery as grounds for divorce. However, the way New York courts view and handle these cases is nuanced, requiring a clear understanding of New York Divorce Law Adultery and its practical implications.Understanding Adultery as Grounds for Divorce in New York Under New York Domestic Relations Law (DRL) § 170(4), adultery is defined as the commission of an act of sexual or deviant sexual intercourse with someone other than the spouse during the marriage. To establish a case of adultery, the accusing spouse must prove the occurrence of this act by clear and convincing evidence, which is a higher standard than the preponderance of evidence typically used in civil cases. Proof and Evidence Proving adultery can be challenging. The accusing party must present substantial evidence such as photographs, videos, witness testimonies, or confessions. Private investigators are often hired to gather such evidence, though this can become costly. It’s important to note that mere suspicion or hearsay is insufficient; the evidence must be concrete and convincing. Moreover, the person accused of committing adultery can challenge the evidence or provide counter-evidence. The courts also consider the credibility of the witnesses and the reliability of the evidence presented. It's not uncommon for these cases to become complicated and emotionally charged, adding to the difficulty of proving adultery. Impact on Divorce Proceedings While adultery is a legally recognized ground for divorce in New York, its impact on the proceedings can vary. Here are a few key areas where adultery can play a significant role: 1.Marital Property Distribution: New York follows an equitable distribution model, meaning assets are divided fairly but not necessarily equally. Adultery alone does not typically influence the division of marital property unless it has directly affected the couple’s finances (e.g., significant spending on the affair partner). 2.Spousal Support (Alimony): Adultery can influence spousal support decisions, especially if the adulterous behavior has financially impacted the non-adulterous spouse. However, it is not the sole determining factor. The courts consider multiple aspects, including the length of the marriage, the standard of living during the marriage, and each spouse’s financial needs and abilities. 3.Child Custody and Visitation: New York courts prioritize the best interests of the child when determining custody and visitation. While adultery may indicate poor judgment or moral character, it generally does not directly impact custody decisions unless it can be shown that the adulterous behavior negatively affected the child’s well-being. Defenses Against Adultery Allegations

2. A person accused of adultery can raise several defenses in response to the allegations. These include: 1.Condonation: If the accusing spouse forgave or condoned the adulterous behavior (e.g., continued to live with the spouse after knowing about the affair), it can weaken the adultery claim. 2.Recrimination: This defense argues that the accusing spouse is also guilty of adultery, effectively negating the accusation. 3.Connivance: This defense suggests that the accusing spouse consented to or encouraged the adulterous behavior. The No-Fault Alternative In recent years, New York has adopted a no-fault divorce option, where spouses can cite an irretrievable breakdown of the marriage for at least six months as grounds for divorce. This has made it easier for couples to dissolve their marriage without the need to prove fault-based grounds like adultery. Many prefer this route to avoid the acrimony and complexity associated with proving adultery. Conclusion While New York courts still recognize adultery as grounds for divorce, the practical implications of proving and leveraging adultery in divorce proceedings can be complex. The need for clear and convincing evidence, the potential defenses, and the limited impact on issues like property distribution and child custody make adultery cases challenging. Nonetheless, understanding the legal landscape and consulting with experienced legal professionals can help navigate these difficulties and ensure a fair and just resolution.