Home DIVORCE ADVICE: Q&A Were you wrongfully accused of adultery by your spouse?

Were you wrongfully accused of adultery by your spouse?

Poor singer/actress Leann Rimes. Today there’s been all these rumors that she cheated on her hubby in the tabloids. That could be defamatory if it is not true. If it is done by a spouse, then it could be a form of cruelty. That is, if there is absolutely no basis for these allegations it could rise to the level of cruelty and that is a basis for a divorce in New York. If, of course there is a basis, like maybe you have a reputation of being a flirt; maybe there is a child whose paternity was in question; maybe you have bragged to your spouse that “I’m a wanted man! Anything I want I can get it. I don’t need nothing you packing!!! I got this one girl at church right now that….” If, after this, a spouse accuses you of adultery, or even calls you names that are derogatory and that goes to your philandering it is not altogether clear that the charges of adultery in that context would be a basis for a divorce.

…but where it is totally without basis (for example you have been with him since you’re twelve and have never been with another man; or, as a man, you have never given her any pause to think you’re taking the family jewels elsewhere), I would say it is a basis for divorce on cruelty grounds in New York.

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