Legal Question in Family Law in New York

If he is agreeing to admit to the adultery, there will be no additional proof required beyond his affidavit. You should assure him that the affidavit will be under seal, and that it will only be read by court staff, the parties and their attorneys.

Additionally, the affidavit need not state that the adultery was same-sex.

I disagree with David. I had a matter very similar to your circumstance and I was able to obtain an annulment for my client. The difference between a divorce and an annulment is that with an annulment it is as if the marriage never existed.

In the papers submitted to the Court, your husband would have to admit that he a homosexual. His admission to adultery is not necessary. You would also need a witness.

If you want to discuss further feel free to telephone.

Mike.