Legal Question in Family Law in New York

Participant in Adultery

I am an unmarried male. I had sexual relations with a married female; however, she is in the process of filing for a divorce. The husband has indicated that he will sign the papers. But, he still is trying to get her back and using immature tactics like plotting the kids against her to achieve his goal.

He knows about me. He thinks she may have slept with me, but she will not tell him so. He contends that he will find out when the divorce goes to court and he makes me testify. I know that would hurt her chances of getting custody of the kids; however, my question is this: was it against the law to knowingly be a participant in adultery and can any charges be filed against me?


Asked on 12/22/97, 6:46 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

What you get for making whoopie

Let me see if I can ease your mind in fewest possible number of words:

Not a one of the 'worst case scenarios' that you are fretting over is actually going to happen. Case would only go to court & you be required to testify if Hsb. sued for divorce on grounds of adultery, named you as co-respondent & wife contested the divorce. Whether it is evidence of how enlightened we've become @ brink of millenium, or testament to how close to perdition we all are, not much attention paid anymore to adultery _vis_a_vis_ custody, unless, mbbe, spouse is having the affair in dingy "S&M" clubs, bringing the children along & video-taping it for commercial public exhibition. Likelihood of finding a prosecuting office the least bit interested in pursuing criminal charges of adultery somewhere less than "nil"; in fact, I'd have to go to more trouble than it's worth to check to see if its still on the books in NY.

Happier Holidays?

Regadz, etz.,

jmhze

-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-

Read more
Answered on 12/23/97, 10:59 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York