Full question:
My wife and I live in New York. Three months back, my wife filed for a divorce because she caught me having sex with another woman. However, I do not want us to get divorced because I am madly in love with my wife. Are there any grounds under which a divorce can be denied even if I am guilty of adultery?
- Category: Divorce
- Subcategory: Grounds
- Date:
- State: New York
Answer:
Yes, per the grounds laid down by the New York Consolidates Law Services §171, a divorce can be denied although adultery is proved. It reads:“In either of the following cases, the plaintiff is not entitled to a divorce, although the adultery is established:
1. Where the offense was committed by the procurement or with the connivance of the plaintiff.
2. Where the offense charged has been forgiven by the plaintiff. The forgiveness may be proven, either affirmatively, or by the voluntary cohabitation of the parties with the knowledge of the fact.
3. Where there has been no express forgiveness, and no voluntary cohabitation of the parties, but the action was not commenced within five years after the discovery by the plaintiff of the offense charged.
4. Where the plaintiff has also been guilty of adultery under such circumstances that the defendant would have been entitled, if innocent, to a divorce.”
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.
