New York Modification Of Judgment Or Order In Action For Divorce Or Annulment.
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§ 248. Modification of judgment or order in action for divorce or
annulment. Where an action for divorce or for annulment or for a
declaration of the nullity of a void marriage is brought by a husband or
wife, and a final judgment of divorce or a final judgment annulling the
marriage or declaring its nullity has been rendered, the court, by order
upon the application of the husband on notice, and on proof of the
marriage of the wife after such final judgment, must modify such final
judgment and any orders made with respect thereto by annulling the
provisions of such final judgment or orders, or of both, directing
payments of money for the support of the wife. The court in its
discretion upon application of the husband on notice, upon proof that
the wife is habitually living with another man and holding herself out
as his wife, although not married to such man, may modify such final
judgment and any orders made with respect thereto by annulling the
provisions of such final judgment or orders or of both, directing
payment of money for the support of such wife.