Full question:
My husband cheated on me by having sex with another woman in the year 2012. I filed a case against him and he was charged with the offense of adultery. Later my husband apologized, and for the sake of our children, we decided to give our marriage one last chance. Now my husband is very loving and everything is going on well between us. However, I am not able to forget his mistake. Can I divorce my husband on the grounds of adultery?
- Category: Divorce
- Subcategory: Grounds
- Date:
- State: New York
Answer:
Under New York law, a plaintiff may not be able to get divorce even when his/her spouse’s adultery is established, under four circumstances, one of which is that the plaintiff has already forgiven the offense of the spouse. :The relevant statutory provision is stated below.
NY CLS Dom Rel § 171 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.”
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.”
In the given instance, you had forgiven your husband for the offense of adultery and the forgiveness may be proved by continuing cohabitation. Therefore, you may not be able to divorce your husband.
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.
