Legal Question in Family Law in New York
Adultery
If one spouse had commited adultery in the past and the other has writted documentation of it, how does that effect a child custody dispute? Also, if knowing of the adultery and sexual relations resume between the spouse's, does that have any relevence to said case?
Is it also legal for that spouse to keep said documentation if accuired without the others knowledge via stealing personal letters?
1 Answer from Attorneys
Re: Adultery
In general, fault grounds for divorce do not affect custodial determinations in NY. There are cases where adultery might be relevant - if, for example, the spouse had a number of affairs and the child or children were exposed to them, etc. Custody is determined based upon the best interests of the child or children. If there is a reconciliation after an affair, that can defeat the fault grounds for divorce of adultery. Keeping documentation of an affair is not illegal ir impropert.
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