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Wow. I'm not a big fan of divorce as I think some people don't take it seriously enough, but even I would have to disagree with this ruling. I would think cheating is a pretty obvious grounds for divorce.
This ruling should discourage spouses from attempting to reconcile after an affair as having sex again will be viewed legally as forgiving the affair.
Some people in New York need to get on the 'no fault' bandwagon here...
The reason the dude is fighting it, is because if he loses, he'll be 'more' legally (read monetarily) liable for the divorce... (I'm not saying he shouldn't be..) But these people obviously don't want to be married... I imagine the time for reconciliation is passed.
I agree with some portions and disagree with other portions of the ruling. I can agree with the fact that if he continued to have sex with him after his admission of adultery, it is tantamount to forgiveness. However, I disagree with the ruling that an admission (read confession) of adultery isn't "proof" enough of the act. If an admission of guilt isn't enough, then our legal system is totally hosed, and all the past criminal convictions that have been based on confessions need to be thrown out.