Legal Question in Family Law in New York

Re: Infidelity

In New York, marital "fault" (ie infidelity) is not supposed to be considered in splitting of assets.

I would not suggest you admit to adultery in court, though. See if you can find another ground for divorce.

Re: Infidelity

Although NYState law requires that there be "grounds" for divorce and some of those "grounds" {especially adultery} have aspects of *fault* to them, when it comes to equitable distribution / marital distribution, fault / infidelity / etc. are NOT considerations in the typical case - - [one supposes there might be a combination of ingredients that would work to support an argument that 'fault' should be considered as to property distribution - - but *not* in the case of a typical circumstance of infidelity].

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

Re: Infidelity

Assets in New York are divided with regard to Equitable Distribution. Fault does not come into play with regard to the distribution under normal circumstances. Fault, however is necessary to file for divorce as grounds.