Adultery
Sexual intercourse with a person other than one’s spouse is adultery. One spouse’s claim that he or she thinks the other cheated is alone generally not enough to prove adultery. Adultery can be proved in New York by way of circumstantial evidence, usually through corroborating evidence from a third-party. In some cases showing that the spouse had an “opportunity” to have intercourse with another may not be enough, in those cases the Court will look for what is often termed a “lascivious desire” between the spouse and the person he or she allegedly had intercourse with.
