Throughout the years courts across the country have ruled that infidelity is sufficient grounds for divorce. In fact, in many pre-nuptial agreements infidelity is specifically cited as a critical factor which may affect the execution of the agreement. But in the modern age, what does and does not constitute infidelity has become less well-defined than in years past.
Traditionally cheating was considered to have been an extramarital sexual relationship, or a relationship which at least involved some kind of inappropriate physical contact. But now many people take to the internet when looking for romance outside of their marriages, and often times they conduct full-blown relationships in cyberspace while never meeting in person. The recent case of Anthony Weiner, who was caught exchanging racy messages with women behind his wife's back, highlights this growing trend.
New York effectively has a no-fault divorce system, meaning that one spouse does not have to prove infidelity in order to be granted a divorce. Also, if one spouse is found to have been unfaithful that fact does not affect the overall divorce settlement. Still, legal experts who weighed in on the Weiner case mostly agreed that, though his actions did rise to the level of infidelity, they probably would not have been sufficient to be granted a divorce under a fault divorce system.
Online romance is definitely a growing trend with all of the social networks and chat rooms there are online today. Has your spouse been caught in an online romance? Did their romance ultimately lead to infidelity? The fact that they were unfaithful may solidify your decision in filing for divorce, but other than that it does not hold much weight in court. If you are looking to file for divorce in New York, our team is here to provide top-notch support and guidance. Contact our office today to schedule a Free Case Evaluation and discuss your case.