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:
In New York, you can file for divorce on the grounds of adultery. Adultery is defined as sexual intercourse or sexual conduct voluntarily performed by your spouse with someone other than you after your marriage. To proceed with a divorce based on adultery, you will need to provide evidence of this conduct.
According to New York Consolidated Domestic Relations Law § 170, a divorce action may be maintained for several reasons, including:
“(4) The commission of an act of adultery.”
Therefore, you can file for divorce citing your husband's sexual relationship with a third party as the basis for adultery.
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.