You do not need your wife’s consent to get a divorce in New York State. You can sue her for divorce if you have one of the six grounds for divorce, which are enumerated in the section on the homepage of my web site dealing with jurisdiction and grounds. If you have not been living together for 13 years as a result of her refusal to live with you, that is abandonment, one of the grounds acceptable, and you may sue on such grounds.
If you’re located in the New York City metropolitan area, please call me to see if we can mediate rather than litigate this divorce, which will save you much money, time, and aggravation. Please call me at 212-370-1660 to discuss the matter further.
Leonard M. Weiner, Esq./Divorce Solutions