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Can I divorce my husband for adultery after forgiving him?

Can I divorce my husband for adultery after forgiving him?

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: 04/07/2025
State: New York

Answer:

Under New York law, you may not be able to obtain a divorce for adultery if you have forgiven your husband for his actions. The law states that a plaintiff cannot get a divorce on the grounds of adultery if:

The offense was committed with the plaintiff's connivance or procurement.
The offense has been forgiven by the plaintiff, which can be shown through continued cohabitation.
No express forgiveness was given, and the action was not started within five years of discovering the offense.
The plaintiff has also committed adultery under circumstances that would allow the defendant to seek a divorce if innocent.

Since you have forgiven your husband and have continued to live together, it may be difficult for you to divorce him on the grounds of 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.

FAQs

How does God deal with a cheating husband?

Different religious beliefs interpret God's response to infidelity in various ways. Generally, many faiths emphasize forgiveness and reconciliation, encouraging couples to seek healing and restoration. However, some teachings may also acknowledge the pain caused by betrayal and the importance of personal boundaries. Ultimately, how God deals with a cheating husband is often viewed through the lens of individual faith and scripture.

Does God want me to forgive my husband for cheating?

Many religious teachings advocate for forgiveness, suggesting that it is a path to healing and personal peace. However, forgiveness does not mean condoning the behavior. It’s important to consider your feelings and the impact on your marriage. Seeking guidance through prayer or counsel from a religious leader can help you navigate this difficult decision.

What are my rights if my husband cheated on me?

If your husband cheated on you, your rights may include filing for divorce on the grounds of adultery, depending on your state's laws. You may also have rights regarding property division, alimony, and custody of children. It's advisable to consult with a family law attorney to understand your specific rights and options based on your circumstances.

How do you describe the pain of infidelity?

The pain of infidelity can be profound and multifaceted, often described as feelings of betrayal, anger, sadness, and confusion. It can lead to a loss of trust and insecurity in the relationship. Many individuals experience emotional turmoil, questioning their self-worth and the future of their marriage. Seeking support from friends, family, or a therapist can be beneficial in processing these feelings.

What does God want me to do if my husband cheated?

Religious perspectives on responding to infidelity vary, but many encourage seeking guidance through prayer and reflection. You may be led to forgive, work on reconciliation, or, if necessary, consider separation or divorce for your well-being. Consulting with a spiritual leader can provide additional insight tailored to your beliefs and circumstances.

What is proof of infidelity in divorce court?

Proof of infidelity in divorce court can include various forms of evidence such as text messages, emails, photographs, or witness testimonies. Courts may also consider admissions of guilt or the circumstances surrounding the affair. It's important to gather credible evidence if you plan to use adultery as grounds for divorce. Consulting an attorney can help you understand what constitutes sufficient proof in your state.