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, you can file for divorce on the grounds of adultery, but you must do so within five years of discovering the adultery. Since you found out about your husband's affair over seven years ago, you cannot pursue a divorce based on that ground. According to NY CLS Dom Rel § 171, even if adultery is proven, the court may deny the divorce if the action is not started within five years of the plaintiff discovering the offense, provided there has been no forgiveness or voluntary cohabitation.
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