New York Law (NYLE) Practice Exam

In New York, a divorce action begins with the filing of a complaint, which typically needs to be verified. Verification means that the party filing the complaint swears to the truth of the facts stated in the document. However, there are specific exceptions under New York law regarding when a verification is not required.

When the ground for divorce is adultery, a verification is not necessary. The rationale behind this is tied to the sensitive nature of proving adultery, which often involves the necessity of keeping the parties' private lives away from public scrutiny as much as possible. As a result, the law offers this exception to facilitate the filing process in cases that can be particularly contentious and personal.

In other scenarios, like abandonment or if there are mutual agreements between the parties, different rules apply that either require verification or allow other methods to establish the grounds for divorce. Therefore, understanding the specific conditions under which verification is not required is crucial for accurately navigating divorce proceedings in New York. In the case of adultery, the law recognizes the complexities involved and allows the complaint to be filed without a verification, making it a unique situation compared to other grounds for divorce.