| |
| | adultery. New York Divorce and Family Law, the definitive site about divorce, child support and custody. |
 | | Adultery is defined in the statute as the commission of an act of sexual or deviate sexual intercourse, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage of the plaintiff and the defendant. |
 | | In a divorce action grounded upon the adultery of the defendant, the plaintiff has the burden of proving the material allegations of his or her complaint, even though the defendant defaults in appearing or pleading, or the answer does not put in issue the allegation of adultery. |
 | | Thus, where the adultery of the plaintiff was committed with the connivance of the defendant, the defendant cannot use such adultery as a defense to a divorce action brought against him or her, since the defendant could not maintain an action for divorce against the plaintiff because of the defendant's connivance. |
| www.brandeslaw.com /grounds_for_divorce/adultery.htm (3465 words) |
|