Question #50: My friends wife left him a year ago after 25 years of marriage.There was no other party involved, the children of the marriage are grown and living away from home.He has decided that if she files for divorce or legal separation, he will contest it on the grounds that he was the injured party (by being abandoned) He is sure that if he contests the divorce on those grounds then his wife’s application will be denied. Is he correct in his assumption??

There are a number of “Grounds” for divorce in NY, abandonment is just one of them.She may claim a different one, such as “cruel and inhuman treatment”.He can contest the grounds she chooses, but he should be prepared for a fight. Does he really want to remain married to a woman who has left him? I strongly suggest he consider mediating the divorce. If he is located in the NYC greater metropolitan area, have him give me a call at 212-370-1660.Leonard M. Weiner, Esq.Divorce Solutions