Can I file adultery charges in New York against my husband's mistress, who is also married?
I have photos from a private investigator as well as a witness to the affair. She lives in NY, we live in a different state.
I am sorry to hear that you are currently going through such a difficult time. Unfortunately, NY does not permit such claims. If your decision is to no longer be with your spouse, you should move forward with the divorce process. Please consider consulting with a NY Divorce attorney who can discuss your legal options with you.
Good luck,
Melissa R. Cefalu, Esq., M.B.A, M.A.
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No, divorce is likely your only recourse.
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
No.
Your spouse is the person who betrayed you, the mistress did not betray you. If the state you live in happens to be one of the very few (7 if memory serves) states that allow for 'alienation of affection' suits you MIGHT be able to file if the mistress was also living in your state.
Likely you can file for divorce and that's it.
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