Q&A: What are the defenses to a charge of adultery in New York?

Infidelity, cheating and extra marital love affairs are as old as the institution of marriage. But sometimes, your spouse thinks you are cheating when you are not. If you are accused of adultery, you can raise the following affirmative defenses:
1) The offense occurred more than five years ago
2) Your spouse also committed adultery and admitted to it.
3) You are innocent
4) Your spouse knew about the adultery and did not mind, in fact, maybe you have an open marriage and you can prove it.
5) You spouse knew about the adultery and voluntarily continued to cohabit with you even after knowing about your transgression; or your spouse affirmatively forgave you.
With adultery, the statue of limitations begins to run at the date of the discovery of the adultery.
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