The dissolution of a marriage is always upsetting. It can be genuinely heartbreaking for spouses whose life partner was unfaithful to them. Adultery is grounds for divorce in New York, and many spouses do file because of an extramarital affair.
If your spouse was unfaithful to you, you might have high hopes of crushing them in your divorce settlement, yet that might not happen.
What might happen in court?
If you are not willing to negotiate a settlement with your spouse, you can take your divorce to court. Before doing so, you should know that the court judge will not punish your spouse for cheating. Although, the judge may consider extenuating circumstances surrounding the adultery.
For example, if your spouse spent large amounts of money on their affair, you may be entitled to half of the expenses. Or, if your spouse was gone so often that you became the primary caretaker of your children, you may have a sold case to seek full custody.
Is it better to avoid the courtroom?
Most couples reach a divorce settlement outside of court. The decision on whether or not to take the case to court depends on the couple and their situation.
If your spouse is remorseful, they may be willing to settle as quickly as possible. They may be more lenient with assets, property and money if they are eager to end the marriage and move forward.
Although you are upset, its crucial that you do not take matters into your own hands, avoid withdrawing funds and closing bank accounts until you speak with an attorney. Often, the more level-headed and well-prepared a person is, the better they fare in the divorce settlement.