There are several grounds or legal reasons to get divorced in New York (as we have previously discussed HERE) and one of them is Adultery.

What is Adultery?

Adultery is defined in NY as a voluntary sexual act between the spouse and someone other than the spouse.

What type of proof is required to prove adultery?

Typically, a third party witness is required to prove adultery. A spouse alone is usually not enough. Also, oftentimes the sexual act does not have to be actually witnessed. If there is proof that someone had the opportunity to commit adultery, that is sometimes sufficient. For example, a car in the driveway for the entire night could be sufficient under certain situations.

What impact does marital fault have on a divorce in NY?

Marital fault is sometimes considered in awarding either no maintenance (also referred to as spousal support and alimony) or alternatively reducing an assessment of maintenance.

New York Divorce Law is complicated so you should meet with an experienced divorce lawyer - even if you think your divorce will be easy or straightforward. The Underwood Law Firm is one of the few firms in the Syracuse area that offers free consultations on Divorce & Family Law so that everyone has an opportunity to speak with an experienced attorney about their case.

The Underwood Law Firm handles all aspects of divorce and family law including child custody, child support, adoption and separation cases in the following areas: Syracuse, Utica, Albany, Watertown, Oswego, Binghamton; Onondaga County and Madison County, including the towns, cities and villages of: Fayetteville, Manlius, DeWitt, Morrisville, Cicero, Liverpool, East Syracuse, Syracuse, Baldwinsville, Camillus, Clay, Fabius, Elbridge, Geddes, Jordan, Lafayette, Lysander, Marcellus, Minoa, North Syracuse, Otisco, Pompey, Salina, Skaneateles, Spafford, Tully, Van Buren, Eaton, Cazenovia, Canastota, Brewerton, Solvay, Central Square, Cato, Chittenango, Oneida and many other areas.

Updated: 1/05/17

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