With regard to your question relating to the student loan, the answer will depend on whether the studies for which this loan was borrowed resulted in a degree and whether that degree provided your spouse with the ability to get a license to practice his profession. Thus the answer will require more in-depth analysis of the particular facts involved. With regard to your second question about extending the marriage for 10 years, 10 years has a certain ring to it which may subconsciously influence the judge’s decision regarding spousal support. However, courts today generally do not grant permanent spousal support unless there are serious health problems or other intervening factors. With regard to your third question about the grounds, adultery, or abandonment, generally the grounds do not influence the court’s decision regarding the division of marital assets but may be relevant with regard to determining child custody.
Since your spouse is living in New York and the marriage took place in New York, you may file in New York , and I strongly recommend that you call me at 212-370-160 to arrange for a meeting for us to discuss mediating your divorce. This is not something that should be left to self-help and requires experienced, legal counsel to make sure that is done properly and you can get on with your lives without worrying that it will come back someday to haunt you.
Leonard M. Weiner, Esq./Divorce Solutions