Got it. Unfortunately, simply by her being unfaithful, it does not meant that you can get an annulment. You STILL have to get a divorce. However, waiting time between filing and actual divorce varies - if you want to claim adultery, then there is no waiting period before divorce. If you do not want to, then it can be up to two years:Grounds for divorce
in NY is based on Domestic Relations Law §170:
1) cruel and inhuman treatment;
2) abandonment (for a period of one year or longer);
3) imprisonment (for a period of three or more consecutive years or longer);
5) living separate and apart pursuant to a separation judgment or decree;
6) living separate and apart pursuant to a separation agreement
Grounds 1 and 4 do not require any time period to pass, you may complete your divorce without a waiting period; Ground 2 requires that the abandonment occurred one year or longer prior to filing for divorce; Ground 3 requires that the imprisonment be for a period of three or more consecutive years or longer prior to filing for divorce; and Grounds 5 and 6 require you to wait one year after the document (separation judgment, separation decree or separation agreement) is filed with the Court.So if she is willing to concede to adultery, you can be divorced immediately. If she is not, you will have to wait after filing, I am sorry to say.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.
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