Legal Question in Family Law in New York

Adultery laws and divorce

My husband and I are separated (not legally) and he wants a divorce right now but I do not. We have both been unfaithful at times in the marriage and that would be the grounds for divorce, however 2 of the 4 defenses to adultery as grounds for divorce apply to us. For one, we resumed sexual relations after revealing our affairs, and currently he is in an affair with another woman while we are not legally separated. Does he still have legal grounds for divorce or is it negated now because of his current affair and the assumed ''forgiveness'' due to resuming sexual relations after revealing our affairs? We have 2 kids and I am pregnant right now and I am unsure if he is the father of this baby (the other 2 are not in question at all). I do not have a job right now and he still gives us most of his paychecks, but I don't know how long that will last. What legal rights do I have in this situation? I would like to stick out the marriage and move forward and think we just need some time apart, but he is already in another relationship and I feel that that is affecting his judgment right now and I will not grant him a divorce yet. We have only been separated for 5 weeks. Any advice you have would be greatly appreciated! Thanks!


Asked on 5/24/06, 4:24 pm

1 Answer from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Adultery laws and divorce

You may be able to contest the divorce. However, you cannot force your husband to resume the marriage or give up the other relationship. You may at some point need to go to court to protect your economic rights.

Daniel Clement

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Answered on 5/24/06, 10:51 pm


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