The other woman in a New York Divorce

The “other woman” in a divorce (or the “other man”) has the right to get an attorney to defend themselves in a divorce action. The thing with naming a third party in a divorce is that sometimes it could lead to charges of defamation. That is, if you are not absolutely sure and you cannot prove it with pictures or a corroborating witness, you may be taking a big chance accusing another party of committing adultery with your spouse. Divorce in New York is serious business after all, and certainly nobody–especially not a third party–wants to take the blame for the breakdwon in your marriage. Because lets face it, it is your spouse who made a commitment to you, not the third party. So it is the third party may rightly argue that the breakdown of your marriage is the fault of either you or your spouse or both. And he or she may not take lightly to being the scape-goat. How do you hold this third party up to scrutiny, embarassment and prove your case? You have to show that your spouse had the disposition and the opportunity to commit adultery. It can’t just be a hunch you have.
That is not to say that the adultery did not occur or that you are crazy for thinking that your husband or wife’s late night absences from the marital abode mean trouble for your marriage. Usually where there is smoke there is fire. But if you can’t prove it with hard evidence or testimony you may want to use another ground such as constructive abandonment or cruel and inhumane treatment. Rather than risk a law suit where you could end up having to pay the paramour a hefty sum for defaming his or her good name.