Can I file a divorce on the ground of my husband’s adultery that happened 7 years back?

Full question:

My hubby and I had been living separately for 7 years, since I caught his sexual affair with one of his colleagues, and I’ve evidence for that too. Now I wanna divorce him as I want to marry my boyfriend. Can I file a divorce on the ground of his adultery?

  • Category: Divorce
  • Subcategory: Grounds
  • Date:
  • State: New York

Answer:

In New York, An action for divorce on the ground of adultery must be commenced within five years after the discovery of adultery. The court may deny the divorce, although adultery is proved, if but the action for divorce was not commenced within five years after the discovery of adultery by the plaintiff. Since you caught your husband’s adultery before 7 years, you will not get a divorce on the ground of adultery. It is covered in NY CLS Dom Rel § 171 which reads:
 
“In either of the following cases, the plaintiff is not entitled to a divorce, although the adultery is established:
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     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.
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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

In New York, there is no specific legal limit on how long a husband and wife can live separately. However, prolonged separation can affect divorce proceedings, especially concerning grounds for divorce. If you plan to file for divorce, it's essential to consider how the separation period may impact your case.