If you filed for divorce and subsequently condoned the adultery, your grounds for divorce will be invalid. If your spouse has another affair (or commits another act of adultery), you will need to file a new divorce based on the ground of adultery. How to Prove Adultery News about adultery, including commentary and archival articles published in The New York Times. News about adultery, including commentary and archival articles published in The New York Times. ...

The party requesting divorce on these grounds must prove the failure to support. However, they must also prove that the failure was gross, wanton and cruel. This means that the failure to support was excessive in terms of the defendant’s complete disregard for his spouse’s need for basic living materials,... In New York, there are seven grounds for divorce that are recognized by state law. Adultery is one of the seven grounds for divorce, along with cruel and inhumane treatment and abandonment. Adultery actually used to be the only grounds for divorce recognized by the state of NY until the law changed in 1967.