My wife refuses to proceed with our separation until her name is removed from the credit cards that I will pay (We have four –I’ll pay two, and she’ll pay two) This seems to be taking a long time, how can this be sped up? I also have the feeling that my wife is stone-walling. . . I have decided that I would prefer to try and get a divorce right away, how hard is it to file for divorce in NY using “cruelty” as grounds? Are my only choices cruelty, abandonment, or filing separation and waiting a year?
Concerning the question of credit card accounts, I suggest that you both pay off all the outstanding debt on all the cards and terminate them entirely. This way, you will be sure that no liability exists on them, and then you can open a new account just on your name.
Concerning the question of grounds for divorce, New York requires specific grounds (please see earlier questions and s on my web site which deals with the detailed grounds for divorce). Among them are the ones you mentioned.
However, if your wife is intent on fighting the divorce, you will have to prove the grounds upon which you are asking the court to grant you your divorce, and this good prove difficult and expensive.
You are much better off trying to get your spouse to mediate this divorce, which will save you time, money, and much less emotional strain.
If you are located in the New York City metropolitan area, I suggest you give me a call at 212-370-1660.
Leonard M. Weiner, Esq./Divorce Solutions