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By Daily Mail Reporters
PUBLISHED: 16:34 EST, 23 March 2013 | UPDATED: 02:58 EST, 24 March 2013
The husband of a Brooklyn high-school teacher accused of having sex with a 16-year-old student is finally divorcing his wife.
Jimmy Lathrop, 40, was humiliated when his spouse Erin Sayar, 36, was arrested for allegedly smoking pot and sleeping with a high-school football player.
According to court records he filed divorce papers in late January and has already moved out of their Park Slope apartment.
Marriage over: Erin Sayar, left, is being divorced by husband Jimmy Lathrop, right, in the aftermath of last year's scandal that she had repeatedly slept with a student
‘Mr. Lathrop has full confidence in the judicial system, and hopes for a speedy resolution of his divorce as he moves on with his life,’ his attorney Todd Spodek told the New York Post.
Sayar was arrested last May and charged with 50 counts of statutory rape and sexual abuse.
One reason Lathrop wants a divorce is that if his wife pleads - or is found guilty - she’ll be branded a sex offender.
That would limit her activities with
their young daughter because it would prevent Sayar from being around
the child’s friends or even visiting playgrounds.
In the aftermath of the case becoming public knowledge, Lathrop denied the couple was getting divorced last summer.
'We’re doing fine. We’re doing awesome,' he had told the New York Post last June. 'No, there’s nothing true about that, at all. We’re not getting a divorce.'
Married mother: Erin Sayar, 36, turned herself in last June and was charged with rape, criminal sex act, sexual misconduct, and sexual abuse
Sayar faces four years behind bars for alleged sexual encounters with the high school football player; she's pictured returning to her Brooklyn home
Mother-of-one Sayer is accused of seducing football player Kevin Eng, 16, while she was a teacher at Brooklyn's James Madison High School.
Lathrop was pictured with his wide when she appeared at Brooklyn Criminal Court last June for arraignment. He wore a fedora and
glasses, and walking several steps ahead of his wife, who looked
disheveled in a bright pink track suit.
She was released on $10,000 bond after turned herself into the NYPD Special Victims Squad and was charged with eight counts of third-degree rape and criminal sexual conduct.
Sayar is currently suspended from her job without pay pending the result of the criminal case.
As Judge Kevin McGrath set bail, he also issued an order of protection for the student.
Sayar - who is facing more than four years in jail - was supposed to be tutoring the footballer in her office while his teammates were using the weight room next door.
Chaos: Numerous news crews surrounded Sayer (centre) as she left court last June with husband Jimmy Lathrop (second from front) walking in front of her
The parents of the 16-year-old have also filed a $10million lawsuit against the married English teacher.
According to the Post, Kevin was boasting about the sexual trysts on Facebook and to other students in detention.
Football teammate Eddie Reid, 16, said they quickly grew suspicious, telling the Post: 'We had weight training every day in sixth period, but instead of going to the weight room, Kevin was going to her office — and the door was locked.
'People would go to the door and try and open it. She’d just yell "Go to class!" and "Get out of the hallway!",' Reid said.
The lawyer representing Eng is
claiming his client was traumatized by what happened and that it left him
the 'subject of scorn and ridicule'.
But other students said he was proud of the affair.
The school found out about the alleged sexual relationship when Kevin's girlfriend became suspicious last November.
Teacher Erin Sayar is charged with rape in a case in which authorities say she had sex with a 17-year-old student
After hacking Eng's Facebook account, the girl found messages he had sent to Sayar which read, 'I love you so much' and 'I always loved you, since last year'.
Sayar replied: 'Oh no - I’m not putting myself out there again. I made that mistake last night and you couldn’t handle it.'
Despite this, the teacher gave the boy her mobile number and ordered him to delete their conversations.
Devastated, the girl informed school officials of the pair's exchanges, and confronted her boyfriend.
According to the school's report, Eng admitted having oral sex and intercourse with Sayar between eight to 12 times.
The New York Post reports that the lovers exchanged an incredible 3,856 text messages over a 17-day period in December, an average of 227 per day.
One midnight tryst apparently saw Sayar pick the boy up from his house in her car.
Allegations: She is accused of having sex with 16-year-old pupil Kevin Eng in her office at James Madison High School
'Eventually, they began kissing and then engaged in sexual intercourse and oral sex inside the SUV,' the report said, adding that the boy had described tattoos on intimate parts of Sayar’s body.
A spokesman for the Department of Education said Sayar, who earns just over $78,000 (£50,000) a year, is still technically employed at the school, although she was removed from the classroom in January.
The school investigators have submitted their report to Brooklyn's District Attorney Charles Hynes, strongly recommending she be fired.
Eng, who is now 17, is still a pupil at the school.
The sordid allegations are not the first to hit James Madison High School, christened 'Horndog High' after its past sex scandals.
Language teachers Cindy Mauro and Alini Brito were dismissed from their posts after an alleged lesbian romp in a school classroom in November 2009 - a claim they both denied.
Prior to that, 29-year-old English teacher Craig Roffman was sacked and arrested in 2005 after he was found emailing child pornography.