In New York, to get a divorce you have to show that there are grounds for the split that are recognized by the state’s divorce laws. If your spouse wants to divorce but you do not, then you can try to prevent the split from happening by making sure that your spouse does not prove what he or she has to in court. If the grounds for your spouse’s divorce claim is that you committed adultery, then you have several options to defend against the divorce proceeding.
Proving Adultery is Difficult
Adultery is an act of sexual intercourse by a married person, during his or her marriage, with someone that he or she is not married to. If your spouse is alleging that you committed adultery, however, it will be up to them to prove that it happened, which is far from easy if there is no direct evidence that it happened.
If there is no direct evidence that you committed adultery, then your spouse will have to rely on circumstantial evidence. This involves showing that you had a disposition to commit adultery with someone and that you had an opportunity to do it. They will try to show that you had a disposition towards adultery by showing that you were affectionate towards someone in a way that makes you more than just their friend. If they can show this, then they will have the opportunity to also show that you had an opportunity to act on this disposition by showing that you were alone with that particular person for long enough to commit an adulterous act.
Defenses Against an Allegation of Adultery
If your spouse is pursuing a divorce on the grounds of adultery, then there are a handful of things that you can bring up to protect your marriage.
You can admit to the adultery, but point out that your spouse either consented or caused it to happen, or that your spouse forgave you for it, already. Additionally, adultery is only grounds for a divorce if it happened in the last five years.
You can also defend against an adultery-based divorce claim by arguing that your spouse also committed adultery during the marriage, as well.
Divorce Attorneys at the Bombardo Law Office, P.C.
If your spouse is pursuing a divorce on the grounds of adultery, then you will need a family law attorney on your side to help protect your marriage. Contact the Bombardo Law Office, P.C. online or at (315) 488-5544.