This can be a tricky process because Section 4502 of New York’s Civil Practice Law and Rules does not allow an individual to testify against his spouse in a divorce litigation when his grounds are adultery.Proving adultery is further complicated because judges tend to take the testimony of other witnesses with a grain of salt, as the witnesses might be friends or family members wanting to help the injured spouse.New York law allows a spouse to defend herself against allegations of adultery in divorce court.In addition to arguing that her spouse condoned her affair, she might also try to prove that he consented to it at the time it occurred.The court will assume he forgave her for the adulterous act. An exception exists if he honestly did forgive the affair, then his partner strayed a second time.In this case, the statute of limitations begins with her second offense.The law will also expand the employers prohibited from discriminating based on sex to all employers, rather than those employers with at least four employees.
In New York, the spouse alleging abuse as divorce grounds has the burden of proof to convince a judge that the affair occurred and that it was sexual in nature.
Until 1967, adultery was the only grounds for divorce recognized by New York.
The state’s code defines it as sexual intercourse between an individual and someone other than her spouse after their date of marriage, so an affair qualifies if the relationship was sexually consummated.
For example, if a wife is guilty of an infidelity but her income is such that she requires alimony for a period of time after the divorce, the wronged husband would still be obligated to pay it. However, if the wife spent marital money on her paramour, a judge would likely compensate the husband for this if he could prove it.
He might receive a greater percentage of marital property in the divorce to make up for this money that the marriage lost.