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New York Divorce Law: The Ramification of Adultery

New York Divorce Law: The Ramification of Adultery

One of the most common reasons for married couples to separate or divorce is due to adultery.

However, New York's divorce laws have been "no-fault" since 2010. What this means is that a party no longer needs to prove fault to obtain a divorce.

Although adultery is legally feasible as a reason for desiring divorce, it is not a factor where it comes to custody or visitation rights with children or the division of property.


The welfare of the child is the sole focus where any marriage is terminated, regardless of the reason. One cannot use adultery in New York state law as a reason to deprive their former spouse of custody or visitation rights.

However, adultery can come into play if the spouse's extramarital-partner was convicted of a felony or sexual offense. The same is true if the partner lives a lifestyle that would be considered contrary to the raising of healthy children.

In some cases, the spouse's partner can be ordered to not be present during visitation. This occurs when the judge determines that the presence of the companion will cause a situation among former spouses that places the psychological wellbeing of the children at risk.


Adultery is generally irrelevant in divorce proceedings as far as the division of property is concerned. Rather, it is the length of the marriage and what property was acquired in that time. The "no-fault" divorce law will generally see property being divided in half.

However, property divisions can be altered in some cases, such as if it is determined that a spouse spent marital money on their companion.


Where it comes to divorce and family law, there are many complexities. That's why it's so important to have the right attorney on your side, one whose aggressive, proactive approach in the courtroom is well known. There is no substitute for an attorney with extensive experience in New York divorce law, as it ensures that all facets of your case are thoroughly addressed.

If your marriage is facing termination due to adultery, your case deserves the experience of an attorney who truly understands how adultery impacts divorce. Claim your free consultation by contacting me, Robert H. Montefusco, at (631) 801-0007 today.