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Adultery is No Longer a Crime in New York State

adultery

On November 22, 2024 the law that made Adultery a crime in the State of New York was repealed by Governor Hochul.

Previously, since 1907 Adultery was considered a crime in the State of New York according to New York State Penal Law Section 255.17 which defined the act of adultery as when a person engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse. The purpose of repealing the law was to remove an outdated statute criminalizing sexual behavior between consenting adults.

Although Adultery is no longer considered a crime in the State of New York, Adultery is still a ground for divorce in New York pursuant to New York State Domestic Relations Law Section 170(4).

The most popular ground for divorce in New York is DRL Section 170(7) which allows for a divorce based on an irretrievable broken relationship between spouses that has lasted at least six months, provided that one party has so stated under oath.


If you need assistance with any matter related to divorce contact the Rubenfeld Law Firm.

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