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:***
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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