You do not mention whether your future wife is living in New York State. Both of the two grounds which you selected, “abandonment” and “cruel and inhumane treatment” unless the parties were in agreement not to contest such grounds, would have to be determined by a court after testimony supporting the grounds selected. In general, “Abandonment” requires that the party have left the other person against the other person’s will for one year or more. “Cruel and inhuman treatment” requires that it be unsafe and unhealthy for the person to continue to remain together with the other spouse because of some imminent threat or fear of serious physical or mental abuse. Because the marriage was so short, and the parties have separated and are separated for over three years, the courts will be more lenient in finding that cruel and inhuman treatment was present. Nevertheless, she will still have to meet the minimum requirements for the grounds to be applicable.
If she is located in the New York City metropolitan area, I strongly suggest that she contact me at 212-370-1660 to discuss mediating her divorce, which is the quickest, less emotionally straining, and less expensive way of dealing with this matter.
Leonard M. Weiner, Esq./Divorce Solutions