WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS
My husband of 3 years and I separated because of his infidelity. I have phone records, emails, etc as proof. We married and resided in NYC. If I sue him for divorce on the grounds that he committed adultery, what does that entitle me? We have no children and did not own a home or anything else together. Is there anything to gain by making this the reason we're divorcing, or is it the same if I just go the friendly route and claim irreconcilable differences? Please advise...Answer:
The grounds upon which the divorce will be granted will generally not affect the Court’s decision regarding the distribution of assets or the determination of spousal
Support unless the grounds are so egregious as to “shock the conscious” of the Court.
Please be aware that NY State still does not recognize “irreconcilable differences” as grounds for divorce, although it
Does now have a “No Fault” provision as of October, 2010.
I strongly suggest you consider mediating your divorce. If you are located in the NYC metro area,
please call me to arrange for an appointment to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions