LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

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(212) 370-1660

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Question #105

GROUNDS: My husband separated from me three times for one year the first two times and going on two years the 3rd time. He separated from me in March 2005 after I gave birth five months prior. Within the last three months, we have had marital relations, but no discussion of reconciling. He has told me that it’s over, he doesn’t want to come back. I already obtained custody of our daughter and previously got a support order, which he has been paying. My question is: Can I file for divorce with grounds of constructive abandonment? Or does the fact that we had sexual relations terminate those grounds? Will I have to wait for a 1 yr without sexual relations with him to use these grounds for our divorce, or are there any other options? Thanks for any advice.  

You cannot use the grounds of Constructive Abandonment if you are continuing to have sexual relations together.

You, however, can use other grounds that will allow you to file for divorce immediately.

If you are living in the NYC metro area, give me a call at 212-370-1660 to arrange for an appointment to discuss the matter.

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