Virtual Infidelity as a Ground for Divorce in New York

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Virtual infidelity is not something that people think about when they are planning their divorce, but it can be a ground for divorce if the spouse has committed adultery. The law in New York states that virtual infidelity is considered adultery which means it can be used as a ground for divorce.

What Is Virtual Infidelity and How Can It Lead To Divorce in New York?

Virtual infidelity is when one spouse engages in sexual or emotional activities with someone other than their spouse through electronic means, such as texting, social media, or email. While virtual infidelity may not always lead to divorce, it can be grounds for divorce in New York if it results in the deterioration of the marital relationship.

If you are considering filing for divorce in New York based on virtual infidelity, it is important to understand the specific grounds that you would be alleging. The most common ground for divorce in New York is “cruel and inhuman treatment,” which can include a wide range of behaviors that are harmful to the marital relationship. Other grounds for divorce in New York include adultery, abandonment for at least one year with no reasonable expectation of reconciliation, or deviant sexual conduct.

Contacting a divorce attorney in New York while dealing with infidelity can be an important first step towards solving your problems.

The Legal Implications of Virtual Infidelity

Just because an affair takes place online doesn’t mean that the consequences will be any less severe. Virtual infidelity can often lead to just as much heartache and turmoil as a physical affair. If you are considering filing for divorce on the grounds of virtual infidelity, here is what you need to know:

  • Virtual infidelity is legally considered adultery in New York
  • You will need to provide evidence of the affair
  • The court will consider a variety of factors when determining whether or not to grant a divorce on these grounds.

How To Avoid the Possibility of Committing Virtual Infidelity?

When it comes to avoiding the possibility of committing virtual infidelity, there are a few key things you can do. First and foremost, be honest with your partner about your online activities. If they know what sites you’re visiting and who you’re talking to, they’ll be less likely to feel suspicious or threatened. Additionally, try not to misuse the technology you have available to chat with people. It’s too easy for your partner to see what sites you’re visiting, so it’s best not to take any chances if they seem untrusting to your online behavior.

If the worst does happen and virtual infidelity is committed, there are a few things that can be done in order not to lead to quarrels and divorce, such as:

  • try to be honest with your partner about the extent of the virtual relationship and what happened
  • do not delete any evidence, as it will only make things worse
  • seek professional help if needed to repair the damage done to your relationship.

How To Get Out of a Marriage if You Suspect Your Partner Has Committed Virtual Infidelity?

To get out of the marriage if you suspect your partner has committed virtual adultery, you can file for divorce on the grounds of adultery. This is an act of sexual intercourse between a married person and someone other than his or her spouse, with the knowledge that he or she has a living spouse at the time when such an act was committed.

Virtual infidelity as defined in New York’s courts includes virtual relationships outside of marriage and cybersex.

However, virtual infidelity as a ground for divorce in New York is not easy to prove. Unfortunately, the courts are not set up yet to handle these types of cases with ease and you will need an experienced attorney on your side.

Tips for staying faithful when using internet dating sites or social media such as Facebook, Twitter, and Instagram.

– Make sure to create separate email accounts for all online dating. This way you can easily keep your virtual life from crossing into the real world.

  • Use a filter on your internet browser that will block out any explicit content or pictures, so there is no chance of accidentally stumbling across something inappropriate.
  • Remember too much information can reveal your identity or location, so keep it minimal. For example; try keeping your city private when communicating online.
  • Create a private Twitter account if you do not want your current friends and family to know who you are following. If the person follows back or likes everything on your page, this can easily give away personal information such as name and location.
  • Agree upon rules about technology use before getting married or starting a serious relationship. This way there will be no surprises or hurt feelings down the road.
  • If you are having problems in your relationship, do not try to fix them by communicating through technology. Try talking face-to-face or on the phone instead.

Technology can be a great thing when used responsibly in relationships, but it can also be a huge distraction and cause problems if not monitored carefully. By following the tips above, you can help ensure that your virtual life does not negatively affect your real-world relationship.

If you are considering a divorce in New York and feel that virtual infidelity is grounds for separation, please contact our office for a free consultation.


If you suspect that your spouse has been unfaithful, don’t make any rash decisions. You can file for divorce on the grounds of adultery if there is evidence to support it and at least one year has passed since the date or event in which infidelity was committed. And remember, you have rights as well – so do not hesitate to talk with an experienced attorney about how best to proceed with your case.