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Last Updated on: 13th October 2023, 08:21 pm
Ending a marriage is never easy, especially when adultery is involved. If you live in New York and your divorce is overturned after being finalized, past adultery can potentially become an issue again depending on the circumstances. This article will examine how adultery factors into divorce in New York, whether it can be revisited if a divorce is overturned, and what that might mean for your case.
New York allows for both fault and no-fault divorce. No-fault divorce requires that you prove the marriage has irretrievably broken down for a period of at least six months. However, you can also file for divorce based on fault grounds like adultery.To prove adultery in New York, you need evidence that your spouse voluntarily engaged in sexual acts with someone else during your marriage. Your testimony alone is not enough – you need additional proof like records, texts, emails, receipts, or witness testimony. Even if you prove adultery occurred, there are defenses that could prevent you from being granted a divorce on those grounds:
So while adultery can be used as grounds for divorce, it is difficult to prove and can be barred by certain defenses. It also leads to a longer, more contested, and more expensive divorce process.
In New York, adultery does not automatically entitle you to a greater share of marital assets or increased alimony. However, the circumstances around the adultery can come into play. If your cheating spouse used joint funds to pay for gifts, trips, or expenses related to the affair, the court may consider that wasteful dissipation of marital assets. This could justify awarding you a larger portion of the marital property.
When deciding child custody, the court’s main concern is the best interests of the child. An extramarital affair alone does not mean a parent cannot provide a loving, stable home. Unless the adultery exposed the children to harm or reflects seriously poor judgment, it should not impact custody or visitation rights.
If your divorce is overturned or vacated after being finalized, it essentially means legally you were never divorced. So if adultery factored into your original divorce, it could potentially become relevant again.Whether past adultery gets brought back up depends on why the divorce was overturned and the next steps taken:
So in summary, if your divorce is undone, your spouse could potentially bring up past adultery again as grounds for a new divorce filing or if it relates to certain financial factors. However, it may not ultimately impact the outcome unless connected to wasteful spending or harm to children.
If your divorce was overturned and you are worried about past adultery coming up again, it is important to work with an experienced local divorce attorney. They can advise whether your spouse can plausibly reopen adultery accusations and how that might impact your case.A knowledgeable lawyer can also help protect your rights and interests if your spouse does reallege adultery after the divorce is vacated. They will understand the nuances of New York divorce law and how to address adultery in the context of your specific circumstances. This can give you the best chance at a favorable outcome.Going through a divorce once is hard enough. Having to go through it again after your divorce is overturned can be even more difficult and emotionally taxing. But the right attorney can help guide you through the process and represent your best interests every step of the way.
Adultery can be a complicating factor in any divorce, especially if the divorce ends up overturned later on. While adultery alone does not guarantee better financial outcomes, it can become relevant again if a divorce is undone. The spouse alleging adultery may bring it up as grounds for a new filing or in relation to wasteful spending of marital assets.However, experienced local counsel can help protect your rights and limit the impact of adultery accusations if your divorce is vacated. With an attorney’s assistance, you can move forward and work to achieve the best possible resolution for you and your family.
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