Skip to main content

New York Consolidated Laws, Domestic Relations Law - DOM § 171. When divorce denied, although adultery proved

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

In either of the following cases, the plaintiff is not entitled to a divorce, although the adultery is established:

1.?Where the offense was committed by the procurement or with the connivance of the plaintiff.

2.?Where the offense charged has been forgiven by the plaintiff. ?The forgiveness may be proven, either affirmatively, or by the voluntary cohabitation of the parties with the knowledge of the fact.

3.?Where there has been no express forgiveness, and no voluntary cohabitation of the parties, but the action was not commenced within five years after the discovery by the plaintiff of the offense charged.

4.?Where the plaintiff has also been guilty of adultery under such circumstances that the defendant would have been entitled, if innocent, to a divorce.

Cite this article: FindLaw.com - New York Consolidated Laws, Domestic Relations Law - DOM § 171. When divorce denied, although adultery proved - last updated January 01, 2021 | https://codes.findlaw.com/ny/domestic-relations-law/dom-sect-171/


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard