Legal Question in Family Law in New York

Re: Grounds for divorce

The adultery ground for divorce under New York State law does require actual sexual intercourse and therefore if there was NO actual sexual intercourse then there is no adultety ground for divorce.

However, your husband's callousness in leaving these e-mail proofs of his infidelity accessible for you to read and find could constitute evidence of his CRUEL AND INHUMAN TREATMENT of you and such CRUEL AND INHUMAN TREATMENT can in and of itself be a ground for divorce under NYS law.

Moreover, do the e-mails actually DENY that any sexual intercourse occurred or merely not mention any such acts? Maybe your spouse and the other party felt that matters such as sexual intercourse were too intimate and delicate and private and personal to be explicitly detailed in e-mail. Bear in mind that the ADULTERY ground for divorce can be proven by clear and convincing circumstantial evidence establishing that your spouse had the OPPORTUNITY, INCLINATION, and INTENT to commit adultery and the e-mails MIGHT constitute part of such circumstantial evidence showing opportunity, inclination, and intent to commit adultery.