Marital investigations are personal, emotional, and delicate matters. Marital issues not only affect the couple, they may unintentionally affect families, children and close friends. The decision to proceed with a divorce action is difficult and traumatic. Uncontested divorces are commonplace. However, there are instances when a spouse may be caught off guard and is not willing to proceed in a divorce action. Or, mutual agreement is not possible due to finances, children or property. Whatever the situation may be, it is important to understand that New York State offers resources intended to remediate or mediate before, during and after divorce proceedings. New York State operates under a Unified Court System.
The NYS Unified Court website ww2.nycourts.gov/divorce/info_faqs.shtml offers information and insight on matters involving divorce. OnyxSpear, LLC strongly advises all couples considering divorce to make use of marital counseling, faith-based counseling or the resources offered by the NYS Unified Court System. Having the ability to say “we tried” holds more merit than not trying at all.
Marital Investigations and NYS Law
Private investigators were once heavily relied upon in divorce matters. Typically, private investigators were engaged in documenting actions of adultery or other derogatory behaviors. Adultery is still a crime and is considered a class B misdemeanor. Under the Consolidated Laws of New York, Penal Law Chapter 40, Part 3, Tile O, Article 255, Section 255.17 “A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse.”
The Reality
However, since 1972 only five individuals have been convicted of this crime. That being the case, adultery with proof is rarely pursued in the State of New York. The commonly cited factors that support a motion for divorce include an irretrievable breakdown lasting at least six months, abandonment, cruel treatment and imprisonment. Moreover, these factors do not necessarily require an offering of proof by either party.
Adultery Law Is Up For Debate in 2024
The crime of adultery became law in 1907 and since 1972 has only resulted in five convictions. Even if adultery was proven in court, the ruling would not have affected child custody, child support or wealth distribution. Consequently, NYS lawmakers are now talking about removing it from the penal code.
Our firm does not investigate claims of adultery. However, we will investigate marital issues involving abuse, financial misuse or other criminal activities. We strongly suggest using New York State’s Unified Court System resources.
