Divorcing A Cheating Spouse

Your spouse cheated on you, maybe more than once.  If you are divorcing your spouse because he/she cheated on you, here is what you should know.

New York is a “no fault” divorce State, this means that you do not have to show fault or prove grounds to get a divorce.  Although, you might want to base your divorce on “adultery”, proving adultery is very difficult and very expensive.  Virtually every divorce in New York is now based on “no fault” and the Court does not want to have a trial on adultery.

Although, adultery may not be the technical grounds for your divorce, there are some reasons why it might be important to show that your spouse had an affair.  If your spouse was spending significant marital funds on his or her paramour, then that is considered “wasting marital assets.” For example, if your spouse went on a vacation with his or her lover, that is considered “wasting marital assets”.  Typically, the Court is looking at significant amounts of money being spent on the paramour.  If your spouse was wasting marital assets, then they may have to compensate you for the money that was spent.

Another situation where a spouse’s affair will have an effect is when there is a pre-nuptial agreement which explicitly states that if either party had an affair that there would be certain financial consequences, then that clause would be available to you.  In these situations, you will have to prove that there was an affair.

Many times if a spouse was cheating, you might not want the “other person” to have anything to do with your children.  However, in order to prevent this “other person” from spending time with your children, you have to show the Court that they are a danger to your children.  The simple fact that you don’t like this person is insufficient.

Similarly, you might want to obtain an order of protection (restraining order) against your spouse’s lover.  You have to prove that this person is a danger to you or has already committed an act of violence against you in order to obtain an order of protection.

If you are seeking a divorce because your spouse cheated, contact David Badanes and the Badanes Law Office, P.C.  David Badanes has represented and helped numerous clients who are seeking a divorce because their spouse had an affair.  To contact David Badanes and the Badanes Law Office, call: 631-239-1702, email: david@dbnylaw.com or visit their web site at www.dbnlaw.com.  The Badanes Law Office has offices in Suffolk County (Northport) and in Nassau County (Uniondale).

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