Question #1: My wife and I had been married for approx. 5 yrs. It has come to my knowledge that during that time she has been “unfaithful”. During the last year we were together I had unfaithfulness had become more and more apparent. I had at several times requested counseling which she refused on the grounds “we can work it out ourselves”. That never happened. During the last year we lived together I met a woman and have been with her since. (approx. 3 yrs.) We had never pursued a formal separation and/or divorce because at the time my finances were strained. I have since re-gathered myself and now want to pursue a divorce because would like to make my new spouse ‘legal’. What are my options and/or pitfalls? We live in NY metro area, have no children and no real assets.

I cannot over emphasize the need for you and your spouse to legally separate and divorce. You cannot legally marry any other person until you get a divorce and you remain liable as a spouse for the support of your wife. Also she has the right to inherit you upon your death. In short, you should tie up all the loose ends and arrange for a legal separation and file the divorce papers.
Please contact me at 212-370-1660 to discuss the matter in more detail.
Leonard M. Weiner, Esq./Divorce Solutions.