Here are some reasons you might not want to focus on Is Adultery Grounds for Divorce in New York State:
1. No-Fault Divorce is Easier: New York offers no-fault divorce, meaning that neither spouse needs to prove wrongdoing like adultery. The no-fault ground is based on the irretrievable breakdown of the marriage for at least six months, making it a quicker and less contentious option than proving adultery.
2. Adultery is Hard to Prove: Proving adultery can be difficult because it requires evidence of a sexual relationship outside the marriage. Courts often require strong proof, such as testimony from a third party or documentation like photos, texts, or videos, which can be challenging to obtain.
3. Adultery is Not a Financial Game-Changer: In New York, adultery rarely affects the division of assets or spousal support (alimony). Even if adultery is proven, it doesn’t typically influence how property is divided or whether someone pays spousal support. The court focuses on factors like the length of the marriage and each spouse's financial situation.
4. Emotional Toll: Focusing on adultery in a divorce can escalate emotions and lead to a more contentious and stressful legal battle. This can prolong the process and make it harder for both parties to reach amicable settlements, especially when children are involved.
5. Costly Legal Fees: Gathering evidence and proving adultery often requires hiring private investigators, expert witnesses, or additional legal services, which can significantly increase the cost of divorce proceedings. This can make an already expensive process even more burdensome.
6. No Impact on Child Custody: Adultery typically has no bearing on child custody decisions in New York. The court’s primary concern is the best interest of the child, and unless the adultery directly affects parenting or child safety, it won’t influence custody arrangements.
7. Potential for Public Exposure: Divorce proceedings are a matter of public record in New York. Accusing a spouse of adultery may result in intimate and embarrassing details becoming part of the public record, which could harm both spouses’ reputations.
8. Prolongs the Divorce Process: Pursuing adultery as grounds can drag out the divorce process, especially if the accused spouse denies it or disputes the evidence. This can lead to extended court battles and delays in reaching a final resolution, while no-fault divorces tend to be more straightforward and quicker.
9. Counterclaims of Marital Misconduct: Accusing your spouse of adultery may lead to them filing counterclaims of misconduct, which can complicate the divorce process even further. This creates a hostile legal environment, often resulting in increased litigation, delays, and emotional strain.
10. Adultery Can Be Forgiven: Under New York law, if one spouse forgives the adultery and resumes the marital relationship (i.e., continues to live with the spouse or engages in sexual relations after knowing about the affair), the court may not allow adultery as a valid ground for divorce.
11. Limited Time to File: In New York, you must file for divorce based on adultery within five years of discovering the affair. If the adultery happened earlier or you’ve known about it for a long time without acting, you may lose the ability to use it as a legal ground for divorce.
12. Focus on Healing, Not Fault: Divorce based on no-fault grounds allows both spouses to focus on moving forward without assigning blame or dwelling on past hurts. It can create a more constructive environment for reaching settlements, co-parenting, and rebuilding lives post-divorce.
In most cases, pursuing a no-fault divorce offers a smoother, less stressful process than focusing on proving How Many Points is Careless Driving in New Jersey. While adultery might feel like a reason to pursue blame, the practical benefits of using it as grounds for divorce are limited.