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 #160:
Me and my husband got married legally in NY 15 October 2007 and religiously married 19 Oct 2007 ( registered by state of NY). but did not start living together until 14 march 2008 .
I love him a lot even though it was arranged marriage he never really accepted the marriage well enough but from my end i have fulfilled all the duties of a good wife. his shopping meals the house everything I took care of personally him and my in laws really didnít treat me good enough and we were having problems one day he was kicking me out of the house and slapped me and abused me and I called the police, but not with the intention of getting him arrested ..I just got scared and thought he needs to understand he canít treat his wife like that.
He was in jail for 24 hours and now the state put a case against him and max he will have to pay a fine violation or misdemeanor. and I did everything in my reach to get him out of this trouble . But now he wants a divorce and he puts grounds of adultery and cruel inhuman treatment. I know he doesnít really know divorce is a wrong step . I want to stop it by contesting and making him realize we can work it out. But how can he prove inhuman treatment??? can he say I sent him to jail but he did something wrong and for that time he deserved that otherwise he would not realize his mistake. did I do anything wrong , I have always had best favor of him.
Answer:

You did the right thing by calling the police when you were threatened with physical abuse.
Your husband must know that that is unacceptable behavior and will not be tolerated.
No one should allow himself or herself to be physically abused in any way.
In New York one must prove grounds in order to get a divorce. Being put in jail for physically abusing one's spouse and then claiming that it was cruel and inhuman for her to report the abuse to the police is absurd and would never be accepted as grounds
absurd and would never be accepted by any reasonable court.
You have grounds for divorce not he!

Leonard M. Weiner, Esq./Divorce Solutions
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