Divorce Grounds

How does someone in New York file for divorce on grounds of Adultery? What steps do they take?

Yes, in NY, the only state where you can't divorce unless you have 1 yr legal separation or immediately if you have grounds for divorce.

Public Comments

1. They have to contact a lawyer first.
2. first contact an attorney ADULTERY Bringing an action upon the grounds of adultery, especially if your spouse is going to contest the divorce, is not a simple matter. The proof is difficult. You are not permitted to testify against your spouse and you must have a witness ready to convince the court that your spouse did engage in sexual relations with another person. Adultery is usually proven by circumstantial evidence. That is, by showing that your spouse had the opportunity, inclination and intent to engage in sexual relations with another person. It is frequently neccessary to retain the services of a Private Investigator to obtain the specific circumstantial evidence needed for trial. Since this can often be a difficult ground upon which to obtain a divorce, it is important that you discuss this issue with your matrimonial attorney carefully
3. Not trying to be funny but I would hire a private investigator or call the tv show cheaters. This way you can have your proof when you get a divorce lawyer and take the matter to court. You always need evidence.
4. That is correct, you will first need to file for a legal separation, then wait 1 year to file for divorce. You simply file the papers for legal sep. After the years time you will file divorce papers stating the reason is adultery. If the divorce is uncontested, meaning if your spouse agrees it will go a LOT smoother and faster. Plus you can do it by yourself by using a document prep service. This one even prepares both the legal sep & divorce papers for NY for one charge: http://document-do-it-yourself-service.com/ If its contested then you will need the assistance of a lawyer to get it finalized and trust me, its a lot harder and usually takes longer as well.
5. i thought i helped ans this Q for you before. adultery is defined as the act of having sexual intercourse with someone other than your partner. My BF's soon to be ex claims she can get us on adultery because she claims to have pics of us @ tim horton's, me @ his apt (mind you he has been out of the house for 10 mos) and so on. in order for her to get him on adultery she needs pics of us having sex. just because there were calls, texts, emails etc, there is no proof were we having any extra marital affairs. if you don't have proof or you are the one who was in the act, then there can be no grounds for adultery. My BF moved out in Jan and filed divorce @ end of aug. Check with your lawyer. he was not legally separated and was able to file less than a year from leaving the house.