Adultery No Longer A Crime in New York State

In November 2024, New York State Governor Kathy Hochul signed a law repealing the statute that had made the commission of adultery a misdemeanor. The now-repealed law was in effect since 1907.  It was rarely enforced, and convictions were even more rare.  Repeal of New York’s “silly, outdated law”, as it was described by Gov. Hochul, follows a trend in several other states.

The law criminalizing adultery was enacted to inhibit a spouse’s ability to obtain a divorce – when adultery was the only available ground for divorce.  New York now permits no fault divorce, as well as divorce on certain fault grounds, including adultery, abandonment and cruel and inhumane treatment.

The matrimonial attorneys at O’Connell & Aronowitz can help you determine what legal path is best for you. Contact our office for a consultation.