Legal Question in Family Law in New York
cheatin spouse
If it can be proven that a female spouse is having an extramarital affair, does that provide any advantage in a divorce proceeding? Can the spouse be removed from the jointly owned home?
1 Answer from Attorneys
Re: cheatin spouse
Adultery is still a grounds for divorce in a marriage proceeding. It makes the wife look bad. It is especially important when it comes to child custody.
However, about 15 years ago, the law was changed, and I have never had a grounds trial on adultery in 13 years. The courts usually will not grant a divorce on grounds of adultery, they will usually call it cruel and inhuman treatment.
A spouse, short of a divorce, cannot be removed from a home unless it is on the basis of some physical abuse, not just because she is having an extramarital affair.
If you would like to discuss this matter further, please feel free to contact me.
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