Yes. The original "fault" based grounds are still on the books in New York. However, you will likely prolong your case in terms of time and expense. Adultery is perhaps the most difficult to prove. I recommend that you contact a matrimonial attorney to discuss these issues in greater depth.
I agree with the first answer offered. While you can countersue for adultery and any other ground for divorce, it does not make a big difference in the outcome of the case with regards to equitable distribution any longer. You are likely to spend a lot more money between the two of you than it's worth, but that's entirely up to you.
Speak to a local matrimonial attonrey and see what options you have available to you.
You may call our office at 516-248-6600 or send an email to us at Ted@Thelawteam.com. This answer does not form an attorney/client relationship with anyone and any answers do not constitute direct legal advice and should not be followed unless and until you have spoken with an attorney of your choice.
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