Legal Question in Family Law in New York

Re: Gay/Lesbian cohabitation

The fact that your ex may or may not be gay has no effect on anything. It is not the sexual orientation that matters but the conduct. You can always ask for divorce because she refused to have intimate contact with you for more than one year.

Re: Gay/Lesbian cohabitation

It's an interesting question as to whether an affair outside of marriage iwth a gay partner would constitute grounds for divorce. The Supreme Court of New Hampshire just ruled that it doesn't in that state: That a lesbian affair is not grounds for adultery. New York has not ruled on the issue.

Regardless you can get a divorce based on grounds of constructive abandonment, your wife's refusal to have sexual relations for more than a year. That's what I would advise in this instance.

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Re: Gay/Lesbian cohabitation

I see by your description of the case that you are already divorced. That is for the best.

Are you looking for more 'leverage' to gain greater access to your daughter?

While in this day and age, the law does not make judgments on your sexual orientation, there is a possiblity of 'fraud' - she represented herself as hetero and married you. Yet she may be gay. Its fun to argue these things, but there is very little practical application. There is no lawsuit there.

The orientation of your ex is significant, but not the only factor in determining custody. This 'new information' is a 'change of circumstances'. But again, for most judges it is the quality of the household that counts, not the orientation.

This seems like a dead-end legally.

Living well is the best revenge. Besides, she did help you get a daughter. She did contribute to something beautiful and valuable in your life.

Good luck.