Is adultery a determining factor in Manhattan divorce?

Adultery, Divorce and the Divorce Settlement

There are certain aspects of your divorce that may be affected by adultery. The relevance of adultery in a marriage is that it is one of the grounds for divorce.  This becomes invalid or at risk, however, if you encouraged your spouse to commit adultery or forgave him or her by resuming sexual relations after you discovered the adultery.  If you also committed adultery yourself or it has been more than five years since you discovered your spouse had done so, this also becomes an invalid basis for divorce.

Generally, property and debt division is not affected by adultery being established.  The court is concerned with the financial issues at hand and achieving equitable distribution without entering moral judgment into the process.  If your spouse, however, spent marital funds on the person with whom the adultery was committed, this may be addressed by the court.  Paying for such things as an apartment or jewelry for the other party involved is considered a "dissipation of marital assets".  Your spouse may be ordered to reimburse the marital estate for these amounts.

While custody and matters concerning the children are not strictly affected by adultery, certain circumstances may be taken into account.  For example, if the children were aware of or witnessed the affair, this would affect the court's view of the guilty party's fitness as a parent.  This, along with all other aspects involved in the children's well-being, will be considered in determining custody.  Such matters as based on the best interests of the children. 

Divorce Attorney in Manhattan

Now that no-fault divorces are available in New York, this matter may be of less concern to some people.  If adultery is proven and the official reason for the divorce, however, this may have an impact of some terms of the divorce settlement.  A Manhattan divorce lawyer can help you to understand all of your options and the points to consider.  It is important to be aware of your priorities so that you may work with the legal team at The Kepanis Law Firm in order to pursue the best course of action in alignment with your goals.

Contact a Manhattan divorce attorney for assistance determining your best course of action if your spouse has committed adultery.