Question #150

If the grounds for the divorce are based on the executed separation
Agreement, then they will have to wait the full year. It is possible, however, to
file under other grounds which will permit the couple to get divorced immediately,
without waiting the year.

If your friend is living in the NYC metro area, have him call me at 212-370-1660 to arrange for a meeting to discuss this matter and to mediate his divorce.

Leonard M. Weiner, Esq./Divorce Solutions

Question #5

Adultery is one of 6 grounds for divorce under the New York State Domestic Relations Law Section 170. It is defined as “the commission of an act of sexual or deviate sexual intercourse, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage of plaintiff and defendant.” Any forgiveness by the plaintiff, would nullify the grounds.
The admission of adultery in the courts in New York State generally does not impact on the distribution of the marital assets, unless there was some particularly egregious act which would cause the judge to make a more substantial award to the plaintiff.

Spousal support (what you refer to as “alimony”) depends on many factors, including the length of the marriage, the ability of the other spouse to earn enough to support himself/herself, such spouse’s condition of health, and financial position (savings, separate property, etc.), etc.

If you are located in the New York City metropolitan area, please call me at 212-370-1660 to discuss this matter in greater length.

Leonard M. Weiner, Esq./Divorce Solutions

Question #7

under Section 170 of the New York Domestic Relations Law, there were six grounds for divorce, which, if proved, are sufficient to grant they judgment of divorce to either spouse. These grounds include 1) cruel and inhuman treatment; 2) abandonment; 3) confinement in prison; 4) adultery; 5) living apart for a period of one year or more pursuant to an equation or judgment of separation; 6) living apart for a period of one year or more pursuant to a written separation Agreement duly acknowledged.
These are the grounds upon which either spouse in New York may be granted a divorce. There are specific requirements under each ground for it to be applicable. Now, NY has a No-Fault provision as well.

If you are in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter in greater detail.
Leonard M. Weiner, Esq./Divorce Solutions

Question #13

The law concerning his situation is somewhat different from a regular divorce of a married couple, and I suggest that he get in touch with me at 212-370-1660 to discuss the matter in more detail.
Leonard M. Weiner, Esq. Divorce Solutions

Question #20

I am not familiar with the evidentiary requirements under Georgian matrimonial law and whether grounds are necessary to receive a divorce in Georgia. In New York, grounds are required and the statute delineates six specific grounds for divorce. Adultery is one of the grounds.
Generally, the courts listen to the testimony of the opposing sides and determine the truthfulness of the testimony being given; they do not require eyewitness testimony in adultery cases.

Leonard M. Weiner, Esq./Divorce Solutions

Question #24

The criteria needed for dissolution were discussed in the previous s, and I suggest you take a look. Adultery is commonly one of the grounds for divorce in most states and should be enough if you can support this accusation with evidence. Once the court has determined grounds, it will entertain the issue of child support.

You should engage, and attorney-mediator experienced in the field to assist both in concluding this marriage in as quick and least dramatic fashion as possible under the circumstance.

Leonard M. Weiner, Esq./ Divorce Solutions

Question #29

Adultery, if proven, is one of the basic grounds for divorce in almost every state, but it must be established and not merely alleged. I am not that familiar witM.D.MD law, but it seems quite unlikely that any state would provide a divorce in 30 days.

Although you are right that the grounds for divorce and the distribution of marital assets are separate issues, both must be determined as well as child support, child custody, and spousal maintenance before a court inmost states will issue a divorce.

Leonard M. Weiner, Esq./Divorce Solutions

Question #33

To correctly 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. However, 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. If there are children involved, there custody and control will depend on the subjective decision of the court.

Question #35

New York State requires specific grounds to grant a divorce. These grounds are expressly stated in section 170 of the Domestic Relations Law of New York State and include the following six:
1) cruel and inhuman treatment
2) abandonment
3) confinement in prison
4) adultery
5) living apart pursuant to a decree or judgment of separation for a period of 1 year or more
6) living separate and apart pursuant to a written agreement of separation for a period of 1 or more years
These were the only grounds upon which a divorce in New York State was granted. Judges are generally understanding if both parties are in agreement or there is some egregious conduct on the part of either party.
Now, NY has a No-Fault provision as well.

Leonard Weiner, Esq./Divorce Solutions

Question #39

Under section 170 of the New York State Domestic Relations Law, New York State requires grounds for divorce. One of the grounds is the confinement of the defendant in prison, but such must be for a period of three or more consecutive years after the marriage of plaintiff and defendant. There are other grounds as well such as cruel and inhuman treatment, abandonment, adultery, living apart according to a decree or judgment of separation for a period of 1 or more years, or the husband and wife have separated according to a written agreement of separation for a period of 1 or more years after the execution of the agreement.

Custody of the children will be determined during the mediation in the event you decide to meditate, or by the judge, in the event, you must go to court.
If you are serious about pursuing a divorce, you should first discuss the matter with your husband to see whether he will consent to an uncontested divorce.

You should contact Divorce Solutions at 212-370-1660 to see if we can be of more specific help to you.