LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

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Question #160

my husband and I got married legally in NY October 15, 2007, and religiously married October 19, 2007 ( registered by state oN.Y.NY). But did not start living together until March 14, 2008. I love him a lot even though it was an 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 didn’t treat me kindly, and we were having problems one day he was kicking me out of the house and slapped me and abused me. I called the police, but not intending to get him arrested. I just got scared and thought he needs to understand he can’t 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 doesn’t 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 the best favor of him.

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 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.

Any reasonable court would never accept it.

You have grounds for divorce, not he!

Leonard M. Weiner, Esq./Divorce Solutions

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