Did you know that until 1966 the only acceptable grounds for divorce was adultery? Before that time, most other states allowed divorces after cruel behavior, but New York remained stubborn.
That situation played out again recently, when New York was the last state to allow “no fault” divorces, and we are one of the final states that still allows at-fault divorces.
That means that adultery could potentially cost a spouse quite a bit during an ensuing divorce. Of course, that depends entirely on the situation.
Not many modern divorces are simple, so it’s wise to consult with a family lawyer before making any major decisions during the divorce process.
If you’re looking for an attorney in Queens, call us today! At Elliot Green Law Offices, we offer guidance and representation based in experience, as well as a deep understanding of the law. We can help you with anything related to your divorce, including appeals, property division and child custody.
If you need advice about an emergency, you can contact us day or night, 24 hours per day. To arrange a consultation with an experienced family lawyer in Queens, call us today at 718-260-8668.
Can adultery affect alimony?
In New York, fault can still play a large role in divorce proceedings and can even affect alimony. For example, the Huffington Post confirms that the spouse who committed infidelity could receive substantially less alimony, even if he or she would have otherwise received a large amount.
Will infidelity impact the division of property?
In most cases, cheating won’t play a substantial role when it comes to determining how to split the assets; however, there are some notable exceptions to that rule.
If the cheating spouse spent a substantial amount of money on the extramarital relationship, the wronged spouse could receive a larger percentage of the assets.
For example, if a cheating husband pays his mistress’ rent and other expenses, his wife could ask for reimbursement during the divorce.
How else can cheating affect divorce?
The exact interaction between infidelity and the divorce process varies, depending on your particular set of circumstances. The issue rarely affects child custody, and when it does, it’s usually part of a greater pattern of inappropriate behavior.
For instance, if the cheating spouse left the children alone or with an unfit babysitter to carry on the affair, he or she could lose custody. However, that has more to do with the parent’s decision regarding the children than the affair itself. In other words, parents who leave their children alone to bet at the track would face a similar penalty.
More often than not, infidelity only indirectly affects the proceedings, making the wronged spouse more aggressive during negotiations and the cheating spouse more willing to acquiesce.
Chances are, there are many factors that play into your divorce, and determining if and how they affect the proceedings can be difficult. To help, we offer a free case evaluation to prospective clients, so you can get some preliminary advice without paying for it.
To arrange a consultation with a Queens family attorney, call us today at 718-260-8668.
