Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS

Question #33:
I am divorcing my wife for the second time. I had an affair with her best friend after my wife wouldn't touch me for 8 months. In our first marriage, my wife would refuse to have sex with me for long periods of time. The longest I ever went was 14 months. I told her as we were preparing for our second marriage that I couldn't live like that, and she promised never to hold out on me. Well 1 1/2 years into our marriage I had gone for 8 months when her best friend approached me. I know what I did was wrong, and I've never done it before or since. My question is, now that she knows, and we are getting a divorce, do I have any rights?
Answer:
In order to properly answer your question I need to know in which state you are located, where were you married, how long are you living in the state, where does your spouse reside, are there any children, assets, etc. and where are they located?

In general, most states today do not consider the grounds for the divorce as material in determining the allocation of marital property or custodial control over the children, although the court may take into consideration any facts which may indicate to the court the ability of a party to serve as a role model for the children and his/her ability to provide a positive environment in which to raise the children.

Therefore, in general, I would say that based on the limited facts which you have provided above, your rights regarding the division of marital property should not be affected by your marital affair, and if there are children involved, there custody and control will depend on the subjective decision of the court.

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