Legal Question in Family Law in New York

Cheating Spouse

Been marrie for 2.5 yrs. Throughtout marriage husband has looked at transexuals on the internet. When he found out I wanted a divorce he posted himself on the Internet for Match.com and AdultFriendFinder.com- Before he even got served with papers. I printed up his pics and gave them to my lawyer. However- I have been seeing a man on the side. I want to know- How important is a cheating spouse to the courts and law when concerning distribution of property? I guess what Im trying to ask- How worried should I be? Not sure if he has evidence of me. Thank you so much.


Asked on 4/11/04, 3:32 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Cheating Spouse

NY is an "equitable distribution" State. To Wit: Your contribution to the marital "economic partnership" is supposed to be the Court's primary concern.

However, the "Court" or Judge is a person first, with his or her own bias concerning the weight to be applied certain conduct or misconduct; and how the conduct has affected the economic partnership of the marriage. The Court and Judges, also, tend to be fairly conservative concerning public morays, despite their own personal conduct.

File ASAP. The filing date is generally a "cut off date." And, ascertain the time frame.... and your contribution to the marriage, prior to any misconduct on your part.

Get a lawyer.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 4/11/04, 7:50 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Cheating Spouse

The divorce sounds like the best thing for both of you.

The courts don't care about these issues when dividing property - the judge will not even listen to any such talk.\

Good luck!

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 4/11/04, 10:29 pm


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