Скачать или смотреть Adultery, Divorce & Emotional Distress

QUESTION: My spouse has committed adultery. I am planning to get divorced, but can I also sue for emotional distress?
Attorney Jayson Lutzky discusses this question and explains New York divorce laws.

Transcript:
The question that has been posed has been, "My spouse has committed adultery, I am planning to get divorced, can I also sue for emotional distress?" Starting with the first part of the question: If your spouse has committed adultery, you can use that as a reason for a grounds for divorce, but you must have independent corroboration, a third-party witness, neither your spouse nor the person they are having sexual intercourse with to very and substantiate the claim for adultery. In New York State, there is a much easier grounds for divorce under Domestic Relations Law 170 subdivision 7. You can seek a no fault divorce based upon the irretrievable breakdown of the marital relationship for more than six months. It's much easier to proceed that way than under adultery.

The second part of the question is, "Can I also sue for emotional distress?" You can sue for emotional distress if you can show damages. You would need to show some type of medical damages, such as a psychiatrist or a psychologist bill, medicine, treatment, possibly lost wages. It's probably not worthwhile from a business point of view and a cost benefit analysis to bring such an action. But, speak to an attorney before you make a decision. You can reach me at 1-800-660-5299. Again, my number is 1-800-660-5299 for a free in office consultation. Or, reach me on my Website MyNewYorkCityLawyer.com. Again, it's MyNewYorkCityLawyer.com. Thank you very much.