Legal Question in Family Law in New York
NYS Divorce law
What must exist to prove infidelity in the state of NY? What legal recourse is there for the wronged party? child custody/ financially?
Is it illegal to record a person without thier consent/ knowledge to obtain proof?
Thank you?
1 Answer from Attorneys
Re: NYS Divorce law
Proof of adultery must be achieved through evidence that the adultery took place with a specific individual at a specific place and time. That level of specific proof can be relatively difficult to achieve.
The evidence can include photographs, receipts, testimony - anything that tends to show adultery.
Whether it is legal to record or not depends both upon the circumstances and the type of equipment used.
There are NO financial or custody implications of adultery, absent unusual circumstances. Equitable distribution does not turn on whether one party or another is at fault.
To discuss your specific circumstance, you should consult a qualified matrimonial attorney in your area.