Full question:
My husband and I have been married and living in New York since 12 years. Lately, I have been noticing some difference in his behavior and I found that my husband has been having a sexual relationship with our neighbor. I do not think I can continue this relationship. Under what ground should I file a divorce?
- Category: Divorce
- Subcategory: Grounds
- Date:
- State: New York
Answer:
When a married person is having sexual intercourse with a person who is not his or her spouse it is known as adultery. A divorce can be filed in the state of New York on the ground of adultery but the law requires the need to produce evidence for the same.Per New York Consolidated domestic relation §170:
An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds:
“(1) ***
(2) ***
(3) ***
(4) The commission of an act of adultery, provided that adultery for the purposes of articles ten, eleven, and eleven-A of this chapter, is hereby defined as the commission of an act of sexual intercourse, oral sexual conduct or anal sexual conduct, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage of plaintiff and defendant. Oral sexual conduct and anal sexual conduct include, but are not limited to, sexual conduct as defined in subdivision two of section 130.00 and subdivision three of section 130.20 of the penal law.
(5) ***
(6) ***
(7) ***”
Therefore, you may file a divorce on the ground of adultery for the commission of sexual conduct committed by your husband with a third party after marriage.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
