You did not indicate what say you are located in, but in the state of New York, adultery is one of the grounds upon which you may base your motion for divorce. You do not need your husband’s consent to make a motion to the court for a divorce. You’ll have to serve him with a summons and complaint. This should be done through an experienced matrimonial attorney in the jurisdiction in which you must file. Divorce is a matter too important to leave to self-help.
If you located in the New York City metropolitan area, I strongly suggest you contact me at 212 – 370-1660 to discuss mediating your divorce. It will save you time, money, and lots of aggravation.
Leonard M. Weiner, Esq./Divorce Solutions