Legal Question in Family Law in New York

Adultery

My husband abandoned me on March 20,2001 and we have never had a legal seperation. Is it considered adultery if he has had several affairs since leaving me? Please explain.

Thank you


Asked on 9/20/03, 12:38 pm

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Adultery

This must be a dificult time for you. I hope you, too, are moving on and seeking new and good things for yourself just as he is.

In answer to your question, yes - as long as you and he are married, every time he is intimate with another woman he is committing adultery.

However, you may also win an action for divorce on the basis of 'abandonment'. They both qualify under the Domestic Relations Law section 170 of New York State.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 9/23/03, 12:51 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Adultery

Yes, although he may have defenses.

If you wish to discuss this privately, please call me to schedule a confidential consultation.

I practice in NYC and Long Island.

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Answered on 9/21/03, 9:30 am
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Adultery

The short answer to your question is "Yes". I am guessing that you want to establish a necessary ground for divorce. You had already established a ground when your husband abandoned you for more than one year. Therefore, you now have two grounds for divorce. I should note, however, accusing someone of adultery requires more proof than simple abandonment and does not give you any greater advantage if you are looking for child support and maintenance. To get a general understanding of the subject, you can visit www.VeneziaLawFirm.com and click on "Divorce and Family" on the listing on the right side of the main page.

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Answered on 9/20/03, 4:29 pm


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