Can I divorce my husband for adultery after seven years of separation?

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.

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.