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Apr
17

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

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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.

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1 Comments

1

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

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