Divorce Solutions

Question #80

My wife and I were married about two years ago. Shortly after the wedding, I discovered that she had been having an affair with a man. Their sexual relationship had lasted right up to the wedding. Their relationship continued after the wedding, but my wife claims not to have had intercourse with the man. We have been separated (but not legally) for six months. I have decided that I want a divorce, and she said she would agree to one. The problem is that, in New York, you need grounds for divorce, and this does not include “no-fault.” Abandonment would only be accepted if she had left over a year ago. Can I file for divorce under adultery even though it happened before the wedding? Can I file under “Emotional Abuse”? Any advice would be much appreciated.

If you and your wife agree with the desire to file for divorce, it is possible to find the proper grounds upon which to file. If you are located in the metropolitan New York City area, I strongly recommend that you contact me 212-370-1660 to arrange for a meeting for all of us to discuss in greater length mediating your divorce.

Leonard M. Weiner, Esq./Divorce Solutions