The role infidelity plays in your divorce.

Often times I have to remind clients that their divorce is not like what they see in the movies, and the truth is that infidelity will not affect your divorce as you would think.  In New York State parties need grounds to get divorced, and since the legislature passed the Divorce Reform Act, there are now seven grounds upon which parties can obtain a divorce.  While this is still an issue to be resolved in each divorce, it has absolutely no affect on the financial aspects of your case, nor on custody.  

The only time infidelity becomes significant in a divorce is when custody is an issue.  Specifically, where one parent does not respect the boundaries necessary to protect their children during this transition period.  Therefore, if you are dating during your divorce, it is important to consider what is appropriate behavior as a role model for your children, because people are watching. 

More over, it is important to recognize that while going through a divorce clients must distinguish between the emotional and business aspect of the breakdown of their marriage.  Therefore, when seeking equitable distribution of your spouse's business, your contributions will not be enhanced because that spouse cheated. It is important to remain focused on the facts the court does consider when making financial and custodial decisions.  In order to learn what the court considers contact a lawyer at the office.

Categories: Divorce