I caught my husband having an affair in a hotel this September. I went to an attorney to have a separation agreement drawn up, which my husband will not sign because, in it, I have that I do not want our three-year-old daughter around this woman. Can I get a divorce on the grounds of adultery without having a separation agreement seeing that he is refusing to sign it unless I take that “restriction” out of the agreement? He admitted to the affair and to being with her once before in a hotel. On both occasions, he said he was going on a motorcycle ride with his Local union friends, and both times he met her in a hotel. She is also married, living in Texas with her husband and five children. What are my options?
You did not indicate what say you are located in, but in the state of New York, adultery is one of the grounds upon which you may base your motion for divorce. You do not need your husband’s consent to make a motion to the court for a divorce. You’ll have to serve him with a summons and complaint. This should be done through an experienced matrimonial attorney in the jurisdiction in which you must file. Divorce is a matter too important to leave to self-help.
If you located in the New York City metropolitan area, I strongly suggest you contact me at 212 – 370-1660 to discuss mediating your divorce. It will save you time, money, and lots of aggravation.
Leonard M. Weiner, Esq./Divorce Solutions