Question #105: GROUNDS: My husband separated from me 3 times for a period of 1 year the first two times and going on 2 years the 3rd time. He separated from me March 2005 after I gave birth 5 months prior. Within the last 3 months we have had martial relations, but no discussion of reconciling. He has told me that it’s over, he doesn’t want to come back. I already obtained custody of our daughter and already obtained a support order, which he has been paying. My question is: Can I file for divorce with grounds of constructive abandonment? Or does the fact that we had sexually relations terminate those grounds? Will I have to wait a period of time (1 yr) without sexually relations with him in order to use this grounds for our divorce, or are their any other options. Thanks for any advice.

You cannot use the grounds of Constructive Abandonment if you are continuing to have sexual relations together.
You, however, can use other grounds that will allow you to file for divorce immediately.
If you are living in the NYC metro area, give me a call at 212-370-1660 to arrange for an appointment to discuss the matter.

Leonard M. Weiner, Esq./Divorce Solutions