In New York, infidelity or adultery is used as a divorce ground. This ground indicates that a spouse had an extramarital relationship that was romantic or sexual in nature. Petitioners who choose to use this divorce ground cannot continue to live with their spouse after this condition is discovered. If they continue to live or have any relations with their spouse, they are condoning the behavior. Divorce lawyers in Commack, NY help petitioners prepare a divorce case based on this ground.
Identifying Adultery as a Divorce Ground
Adultery relates to any type of sexual contact with an individual that isn’t the spouse. It doesn’t matter the method or exact circumstances of the sexual contact or conduct. Any act that is classified as sexual counts as an adulterous act.
Credible Evidence for Infidelity
Credible evidence for infidelity must show a sexual or romantic relationship between the spouse and the alleged individual. The evidence could consist of video footage of the two parties kissing or behaving in a sexual nature. It could include text or email messages that included romantic or sexual language. Pornographic images sent to or by the defendant could imply a sexual relationship. Additionally, the plaintiff could use phone records to show that the defendant and the alleged party remained in contact with each other.
The dates and time stamps on the evidence are assessed to determine if these actions occurred during the marriage. However, these features aren’t necessary to prove that a relationship existed between the two parties. Divorce lawyers LI help plaintiffs collect the evidence.
Preparing for the Divorce Trial
If the defendant contests the divorce, a trial is scheduled. During the divorce trial, all evidence is presented to the judge and jury. It is evaluated, and each party has the option to provide testimony.
In New York, adultery is used as a divorce ground frequently. However, a plaintiff must provide evidentiary support to prove their allegations. The evidence must show that a romantic or sexual relationship existed and continued. This divorce ground could require a divorce trial to dissolve the marriage. Petitioners who need help with these cases should contact divorce lawyers in Commack, NY today.
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