Legal Question in Family Law in New York

adultery

i recently caught my wife kissing my best friend in a more than friendly manner without my knowledge of consent, upon interegation she admitted to commiting adultery by means of deviate sexual intercourse. my best friend is also married, deviate sexual intercourse is a class b misdemeanor.

my question is this.... do i have any legal recourse against my '' best friend''? for the adultery or emotional disturbances? or anything else. if not why is it a misdemeanor?


Asked on 6/19/03, 8:24 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: adultery

I understand you're hurt and angry but despite your pain it is not likely you will be able to punish your friend in the manner you describe. You can file a complaint but I doubt the district attorney in its discretion would prosecute. It is a misdemeanor because it is in the penal law and to date has not been repealed, but it probably has not been prosecuted in over half a century.

Should you like to discuss this or any other legal matter, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699

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Answered on 6/20/03, 7:18 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: adultery

This is very hurtful, but the criminal law will not help you with this problem. The DA will not act on this. In the civil law, you do have an action (lawsuit) if the friend knew or should have known they would be caught in person by you in such an act. other than that, the law is not a helpful tool except to file a divorce. You are welcome to a consultation with me for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first - (646) 591-5786

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Answered on 6/21/03, 8:13 pm


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