The Viability of Adultery in Actions for Divorce
- posted: Feb. 03, 2025
When I first engaged in the practice of marital law adultery was the only ground for divorce. Over the years, however, numerous other grounds have been legislated into existence; some of which are non-fault in nature. Most recently (2010) the ultimate no fault cause of action was infused into our jurisprudence; i.e. the irretrievable breakdown of the marriage. And to further add to the death of adultery, New York has just recently de-criminalized an act of adultery, thereby excusing adultery as a crime from New York’s jurisprudence.
Litigator beware, however, adultery may still have an impact on the issue of custody, equitable distribution and counsel fees. More to the point, a parent who engages in adulterous conduct with multiple third parties may be deemed morally unfit to obtain custody or even access.
Normally marital fault does not play a role with regard to the division of marital assets (equitable distribution); that is unless the Court finds the marital misconduct to be egregious in nature. Take for example the conduct of a philandering spouse who, withholds information that he or she is HIV positive, and proceeds to infect the innocent spouse. The Court found such conduct to be egregious, and imposed a stiff penalty upon the wrong doer regarding the issue of equitable distribution.
The adulterer having foisted marital litigation upon the innocent spouse, the Court in exercising its discretion may very well direct the adulterer spouse to pay the legal fees of the innocent spouse.
In order to determine whether the adultery of a spouse may have an impact upon the above issues, one should be represented by a highly skilled matrimonial lawyer. Martin J. Rosen has been practicing matrimonial law for a period in excess of 50 years and will be able to determine in advance whether steps should be taken to bring adulterous conduct to the attention of the Court. Mr. Rosen represents clients throughout Westchester County and the surrounding areas of Putnam, Rockland, Dutchess and Orange Counties. You may call him at 914-761-6300 or via email i.e. [email protected].
The Viability of Adultery in Actions for Divorce
- posted: Feb. 03, 2025
When I first engaged in the practice of marital law adultery was the only ground for divorce. Over the years, however, numerous other grounds have been legislated into existence; some of which are non-fault in nature. Most recently (2010) the ultimate no fault cause of action was infused into our jurisprudence; i.e. the irretrievable breakdown of the marriage. And to further add to the death of adultery, New York has just recently de-criminalized an act of adultery, thereby excusing adultery as a crime from New York’s jurisprudence.
Litigator beware, however, adultery may still have an impact on the issue of custody, equitable distribution and counsel fees. More to the point, a parent who engages in adulterous conduct with multiple third parties may be deemed morally unfit to obtain custody or even access.
Normally marital fault does not play a role with regard to the division of marital assets (equitable distribution); that is unless the Court finds the marital misconduct to be egregious in nature. Take for example the conduct of a philandering spouse who, withholds information that he or she is HIV positive, and proceeds to infect the innocent spouse. The Court found such conduct to be egregious, and imposed a stiff penalty upon the wrong doer regarding the issue of equitable distribution.
The adulterer having foisted marital litigation upon the innocent spouse, the Court in exercising its discretion may very well direct the adulterer spouse to pay the legal fees of the innocent spouse.
In order to determine whether the adultery of a spouse may have an impact upon the above issues, one should be represented by a highly skilled matrimonial lawyer. Martin J. Rosen has been practicing matrimonial law for a period in excess of 50 years and will be able to determine in advance whether steps should be taken to bring adulterous conduct to the attention of the Court. Mr. Rosen represents clients throughout Westchester County and the surrounding areas of Putnam, Rockland, Dutchess and Orange Counties. You may call him at 914-761-6300 or via email i.e. [email protected].
