LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

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Question #47

Resident oN.Y.NY state. We were married here and lived here. We separated two months ago, and she wanted to be on her own for a while. We had a separation agreement drawn up and signed. I kept 2 of our three children, and she was allowed to move out of state with our son. No support on either side, I kept house. She now knows she can’t live without the other children and is returning to the area. Her boyfriend, whom she left me for, now has a job offer in this area. She has stated if he comes here, she would resume her relationship with him. She wants to stay married, but if he takes the job, I would like a divorce based on adultery. She has been living in the same apartment with this man in South Dakota. What proof do I need for adultery? If she doesn’t contest to adultery, how quickly would the marriage be dissolved? She believes that since we are separated that she can legally have relations with someone else and that it would not constitute adultery? I believe she is definitely wrong, so who is right?  

You will not need an eye witness to prove adultery. If you can substantiate the fact that they left NY together and have been living in SD together in the same apartment, that should suffice for the court. Assuming that your separation was properly drafted and executed according to NYS statutory requirements, you are still MARRIED, and adultery is still illegal until you get a divorce. If you live in the NYC metropolitan area, please call me at 212-370-1660 to discuss mediating the divorce. It will be quicker, cheaper, and less emotionally traumatic.
Leonard M. Weiner, Esq. /Divorce Solutions

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