Question #67: My “future” wife and her husband were married in 1996. The marriage was consummated sexually (1) time. He has lived with his parents for the past 3 years. She has lived alone in her home, which she owned prior to the marriage for that period. She would like to file for divorce. My questions are, What would constitute “abandonment” and “cruel and inhuman treatment.” She has written documentation of numerous cases of verbal abuse, supposed accidental property damage and slanderous statements. What would be the quickest way to obtain a divorce and how long would it take. Thank you for your assistance.

You do not mention whether your future wife is living in the 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 persons will for a period of one year or more. “Cruel and in human 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 in order 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 in order 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