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Manhattan Divorce Lawyer Richard Roman Shum Discusses Virtual Infidelity as a Ground for Divorce
Virtual infidelity, defined as engaging in emotionally or sexually intimate interactions online without a partner's knowledge or consent, can have serious emotional and legal implications. While New York law has traditionally recognized adultery as a ground for divorce, the role of virtual affairs in legal proceedings remains a complex issue. Manhattan divorce lawyer Richard Roman Shum provides insights into how courts view this type of infidelity and whether it can be used to support divorce claims.
The impact of virtual infidelity on a marriage can be significant, affecting trust, emotional security, and overall relationship stability. As a Manhattan divorce lawyer, Richard Roman Shum highlights the potential consequences for spouses who discover their partners engaging in online affairs. Whether through flirtation, emotional attachments, or explicit online exchanges, these interactions can lead to serious marital discord and, in some cases, legal action.
Richard Roman Shum explains that while virtual infidelity may not meet the strict legal definition of adultery under New York law, it can still play a role in divorce proceedings. "Underestimating the magnitude of the repercussions stemming from an online affair would be a mistake, as virtual infidelity has the potential to cause substantial emotional distress and upheaval comparable to that of a physical affair," Shum states. If a spouse can demonstrate that virtual infidelity contributed to the breakdown of the marriage, it may be used as supporting evidence in a no-fault divorce case.
Since New York introduced no-fault divorce in 2010, couples no longer need to cite specific reasons such as adultery to end their marriage. However, in certain cases, evidence of virtual infidelity may help establish the irretrievable breakdown of a marriage, influencing factors such as asset division, spousal support, and child custody arrangements. Manhattan divorce lawyer Richard Roman Shum points out that courts may consider virtual infidelity as part of a broader pattern of marital misconduct, especially if it led to financial consequences or negatively impacted children in the household.
For those seeking to use virtual infidelity as a factor in their divorce case, gathering admissible evidence is crucial. Richard Roman Shum advises clients to document online interactions carefully while ensuring that all evidence is obtained legally. Screenshots, metadata, and subpoenaed records can provide valuable proof, but any illegally accessed information-such as messages obtained through hacking-can be deemed inadmissible in court.
While adultery was recently decriminalized in New York, it remains a fault-based ground for divorce under state law. If virtual infidelity leads to physical adultery, it may serve as a basis for an adultery-based divorce case. In such situations, a third party's testimony may be required to confirm that a physical relationship occurred. Manhattan divorce lawyer Richard Roman Shum notes that proving adultery in court requires substantial evidence, which can make virtual infidelity an important consideration even in cases where no physical contact took place.
The financial impact of virtual infidelity in divorce proceedings depends on the circumstances of each case. New York follows an equitable distribution system for dividing marital assets, meaning that infidelity alone does not automatically result in a larger financial settlement for the wronged spouse. However, if a spouse's online affairs led to significant financial losses-such as money spent on gifts or subscriptions to dating platforms-this could be considered when dividing assets. Richard Roman Shum emphasizes that virtual infidelity may also affect alimony decisions, particularly if it contributed to the breakdown of the marriage.
Child custody and visitation rights can also be influenced by virtual infidelity, especially if the online behavior affected the well-being of the children. If a spouse's virtual affairs led to neglect of parental responsibilities or exposed children to inappropriate content, a judge may take this into account when determining custody arrangements. Manhattan divorce lawyer Richard Roman Shum advises parents to be mindful of how their online behavior could impact custody disputes.
As technology continues to shape modern relationships, virtual infidelity is likely to remain a contentious issue in divorce cases. Richard Roman Shum underscores the importance of understanding the legal implications of online affairs and seeking professional legal guidance when managing a divorce. Working with an experienced attorney allows individuals to help ensure that their rights are protected and that they have the necessary evidence to support their case.
About the Law Office of Richard Roman Shum, Esq.:
The Law Office of Richard Roman Shum, Esq. is dedicated to providing legal assistance to individuals facing divorce and family law matters in Manhattan. Led by Manhattan divorce lawyer Richard Roman Shum, the firm offers personalized legal solutions tailored to each client's unique circumstances. Whether handling cases involving virtual infidelity, asset division, child custody, or spousal support, the firm provides reliable representation and guidance throughout the divorce process.
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