June 24, 2006
New York Judge Rules Woman’s Affair Excused Husband’s Adultery; Not Grounds for Divorce
A New York family court judge has dismissed a woman's divorce petition, holding that her husband's affair did not constitute the requisite "cruel and inhuman treatment" because the woman's own affair excused his adultery. The judge wrote that “[I]t is undisputed that the husband's relationship with another woman ... commenced after the wife's revelations of her own adultery. . . Further, despite her burden to lay bare her proof in defense of the husband's summary judgment motion, the wife's opposition papers make no reference to any physical or mental harm she allegedly sustained by virtue of the husband's acts." The court then dismissed her divorce petition. Source. Mark Fass, New York Law Journal, law.com. For the complete story, please click here (last visited June 24, 2006, reo).
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