Legal Question in Family Law in New York
Wondering if I can sue for adultery
My wife and I have been living apart for two years. She kicked me out, moved in another man almost immedeately, and is now pregnant with his child. Even though I now live with my girlfriend, can I sue my wife for divorce on the grounds of adultery, even though she kicked me out? She was with her b/f before I was with my g/f if that makes any difference.
2 Answers from Attorneys
Re: Wondering if I can sue for adultery
Apparently you both have committed adultery.
I would file for an uncontested divorce or use living separate and apart as the cause for the divorce.
Try to use something that you both can agree with as the cause for the divorce and try to get an uncontested divorce.
Abdul Lloyd-Bey, Esq.
Re: Wondering if I can sue for adultery
To specifically answer your question, yes, you may sue for adultery. You may also sue for abandonment (at the same time).
I agree with Antoinette. If there are no children of the marriage and no joint assets. If the marriage was short term and both are living with other individuals, there is no reason why there cannot be an uncontested divorce.
If you want you may contact my office and arrange for a consultation. I charge a flat fee for an uncontested divorce.
Mike.
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