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                                                                                              ADULTERY

***DUE TO THE "COMPLEXITY" OF OBTAINING A DIVORCE ON THE GROUND OF ADULTERY (AS EXPLAINED BELOW), APS
WOULD NOT BE ABLE TO TAKE YOUR CASE. IF YOU'RE LOOKING FOR AN
EASIER AND SIMPLER GROUND FOR DIVORCE -
PLEASE CLICK HERE.***

An action for divorce may be maintained based on adultery, which is an act of sexual or deviate sexual intercourse
voluntarily performed by the Defendant with a person other than his or her spouse during the course of the marriage.

The ground of adultery
can be difficult and expensive to prove because the testimony of the Plaintiff is not
enough and other evidentiary requirements must be satisfied (the Defendant's admission is not enough).

You should keep in mind that acts of adultery may qualify as acts of cruelty and entitle you to maintain a divorce on
the grounds of cruel and inhuman treatment.



NOTE:   All information referenced above and/or duplicated within this page, is directly from the New York State Unified
     
        Court System booklet (and described in the New York Domestic Relations Law §170).

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