Is Adultery Grounds for Divorce in New York State

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Signs You Work With Is Adultery Grounds for Divorce in New York State

If you frequently deal with adultery as grounds for divorce in New York State, you might notice certain signs that show you're deeply involved in this area of law. Here are some telltale signs that your work revolves around this topic:

 

  1. You Regularly Explain Adultery as a Ground for Divorce:

You find yourself frequently clarifying that New York recognizes adultery as a legal ground for divorce, but it is only one of several possible grounds. You explain that proving adultery can be tricky, and most divorces today are filed under “no-fault” grounds, which are easier to establish.

 

  1. You’re Familiar with Strict Proof Requirements:

You know that proving adultery in New York requires more than just suspicions or accusations. To win an adultery-based divorce, you often need concrete evidence, such as testimony from a private investigator, photographs, or eyewitness accounts. You’re constantly advising clients about these requirements.

 

  1. You Discuss the Statute of Limitations:

One of the first things you inform clients about is that there is a five-year statute of limitations on using Is Adultery Grounds for Divorce in New York State. If the adultery occurred more than five years ago, it can no longer be used to file for divorce.

 

  1. You’re a Master at Working Around Defenses to Adultery:

You’re well-versed in the defenses to adultery that a spouse can use to fight an adultery claim, such as “condonation” (where the other spouse forgave the adultery), or "connivance" (where the other spouse encouraged or facilitated the adultery). You’ve seen all the ways these defenses can be used to complicate a case.

 

  1. You Manage the Emotional Toll:

Clients often come to you deeply hurt or angry, and you’re accustomed to managing the intense emotions that come with adultery cases. You help them focus on legal strategies and avoid making emotional decisions that could hurt their case.

 

  1. You Guide Clients Toward No-Fault Divorce:

While adultery is still a valid ground for divorce, you often steer clients toward the easier route of filing a no-fault divorce based on the "irretrievable breakdown" of the marriage for six months. You explain that this approach can avoid the need for painful and costly battles over proving adultery.

 

  1. You Know Adultery Doesn’t Affect Property Division:

You repeatedly clarify that in New York, adultery doesn’t affect the division of marital property or spousal support. The state follows equitable distribution laws, and marital misconduct generally doesn’t influence how assets are divided.

 

  1. You Field Questions on Custody and Adultery:

Clients often assume adultery will impact child custody decisions, but you regularly explain that New York courts prioritize the best interests of the child, not a spouse’s misconduct. You’ve become adept at helping clients understand that adultery is rarely relevant to custody decisions.

 

  1. You’ve Worked with Private Investigators:

If you’re working on adultery cases, chances are you’ve collaborated with private investigators who can help gather the necessary proof. You’ve become familiar with the type of evidence they provide and how to introduce it effectively in court.

 

  1. You’ve Handled Spousal Rights Concerns:

You regularly explain that while adultery can serve as grounds for divorce, it doesn’t usually affect a spouse’s right to financial support. For example, an adulterous spouse can still be entitled to spousal maintenance (alimony), depending on their financial needs and the circumstances of the case.

 

  1. You Deal with the Challenge of Social Media Evidence:

With social media being a source of trouble in modern relationships, you’ve likely worked on cases where online activity became part of the adultery claim. You know how to handle the complexities of using social media posts, messages, or dating app profiles as evidence in court.

 

  1. You Regularly Prepare Clients for Court:

If a case proceeds with adultery as the basis for divorce, you’re often preparing clients for the possibility of going to court. You guide them through depositions, cross-examinations, and how to handle the sensitive nature of proving an affair in front of a judge.

 

  1. You Understand Adultery’s Psychological Impact on Settlements:

Even though adultery might not impact financial decisions legally, it often complicates settlements. You’re well aware that a spouse who feels wronged may be less inclined to settle quickly or amicably, making negotiations more challenging and time-consuming.

 

  1. You’ve Encountered “Revenge” Divorces:

You’ve likely dealt with clients who initially want to file for divorce on adultery grounds as a form of revenge, even though you know it might be easier to file on no-fault grounds. You’ve become skilled at advising them to focus on practical outcomes rather than emotional reactions.

 

  1. You Keep Up with Changing Views on Marriage:

You’re aware that while New York still recognizes adultery as a ground for divorce, fewer people use it today. The rise of no-fault divorces has changed the landscape of divorce law, but you remain prepared to handle adultery-based cases when they arise.


If these signs sound familiar, you’re likely well-versed in the intricacies of handling How to Obtain Divorce Decree in New York, and you help guide your clients through both the legal and emotional aspects of this complex issue.

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