Successful Representation Across Multiple Areas Of Law

Is there any benefit to proving your spouse cheated in a divorce?

On Behalf of | Feb 16, 2023 | Divorce |

People decide to file for divorce in New York for reasons ranging from financial misconduct to changes in religious beliefs. One of the most common reasons that people choose to end their marriages is infidelity. Although most traditional wedding ceremonies include a vow to be faithful and to forsake all others, not everyone honors that promise after they make it.

Partially due to the emotional nature of a situation involving infidelity, many people approach divorce intending to prove their spouse’s unfaithfulness and make it clear who was to blame for the end of their union. Yet, approaching divorce with this mindset is rarely beneficial from practical and legal standpoints.

You don’t need to prove fault to get a divorce

Adultery is a possible fault-based ground for divorce. New York offers no-fault divorces, which means that you don’t have to show that your spouse did anything wrong to get a divorce. Even if they can claim they want to remain married, you can still file for a no-fault divorce and move on with your life. For many spouses, it is unnecessary to bring up the issue of infidelity because of the no-fault approach to property division afforded by the state.

However, if you have documentation showing that your spouse used marital assets, like a joint credit card or money pulled from your shared checking account, to conduct their affair, evidence of their financial behavior could influence property division matters. New York judges can consider the dissipation of marital property when making decisions about asset division.

Otherwise, the adultery of a spouse will likely have minimal, if any, impact on divorce proceedings. Fault-based divorces aren’t always successful, and they can cost significantly more while offering similar outcomes to no-fault proceedings in many cases.

For some people, a clean start is the best revenge

You could potentially spend a significant amount of time and your own money trying to generate consequences for your spouse because of their unfaithfulness. For many people eager to move on after discovering an extramarital affair, a clean break and a fair division of marital assets may be the best solution.

Instead of trying to create accountability for the infidelity, they simply end their marriage so that they can pursue happiness elsewhere. Being honest with yourself about whether you want justice or revenge could potentially help you adjust your approach to your upcoming New York divorce to save yourself both time and stress.