US Legal Forms
Legal Resources
Questions & Answers
Divorce
Can a divorce be denied in New York if adultery is proven?

Can a divorce be denied in New York if adultery is proven?

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: 04/07/2025
State: New York

Answer:

Yes, under New York law (N.Y. Consolidated Laws, Domestic Relations Law § 171), a divorce can be denied even if adultery is proven. The law states that a plaintiff is not entitled to a divorce in the following situations:

If the plaintiff procured or connived at the adultery.
If the plaintiff forgave the adultery, which can be shown by their actions or by living together after knowing about it.
If there was no forgiveness and the couple did not live together, but the divorce action was not started within five years after the plaintiff discovered the adultery.
If the plaintiff also committed adultery under circumstances that would allow the defendant to seek a divorce if they were innocent.

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.

FAQs

How do I recover from a divorce I didn't want?

Recovering from an unwanted divorce can be challenging. Start by allowing yourself to grieve the loss of the relationship. Seek support from friends, family, or a therapist to help process your feelings. Focus on self-care and engage in activities that bring you joy. Establish new routines and set personal goals to regain a sense of control. Remember, healing takes time, and it's okay to seek professional help if needed.

How to get through divorce when you don't want it?

Getting through a divorce you don't want involves coping with emotional challenges. Surround yourself with a supportive network and consider joining a support group. Focus on communication with your spouse to address any unresolved issues. Take care of your physical and mental health through exercise and mindfulness practices. It's important to remain open to the possibility of moving forward, even if it feels difficult.

How long does it take to get over a divorce you didn't want?

The time it takes to get over an unwanted divorce varies for each person. Factors such as the length of the marriage, emotional attachment, and support systems play a role. Generally, it may take several months to years to fully heal. Be patient with yourself and allow time for the grieving process. Engaging in therapy or support groups can also facilitate healing.

Do you ever get over an unwanted divorce?

Yes, many people do eventually get over an unwanted divorce. While the process can be painful, healing is possible with time and support. Emotions may fluctuate, but focusing on personal growth, new experiences, and building a fulfilling life can help. Remember that each person's journey is unique, and it's okay to seek help along the way.

How do you handle an unexpected divorce?

Handling an unexpected divorce involves managing shock and emotional distress. Allow yourself to process your feelings and seek support from trusted friends or professionals. Focus on practical matters, such as legal advice and financial planning. Establish a routine to regain stability and explore new interests to help redirect your energy. Remember, it's important to take care of your emotional well-being during this transition.

Why does my wife want sex during separation?

Desire for intimacy during separation can stem from various emotional needs, including a desire for connection or reassurance. Each person copes differently with separation, and some may seek physical closeness as a way to maintain a bond. It's important to communicate openly about feelings and boundaries during this time. Consider discussing these dynamics with a therapist to navigate the complexities of your relationship.