Answer: New York requires “grounds” for divorce (see some previous answers in this column defining the “grounds” in New York State). One of those grounds, however, is “abandonment” which includes “constructive abandonment”, which means the refusal of one spouse to have sexual relations with the other, although the other spouse has requested such relations. If […]
Answer: New York requires “grounds” for divorce (see some previous answers in this column defining the “grounds” in New York State). One of those grounds, however, is “abandonment” which includes “constructive abandonment”, which means the refusal of one spouse to have sexual relations with the other, although the other spouse has requested such relations. If this is applicable in your situation, you may have adequate grounds for divorce even in New York.
Secondly, you may be able to convince your husband that continuing the marriage is no longer possible, and both of you may enter into a Separation Agreement and resolve all outstanding matters (e.g. child custody, child support, spousal support, division of marital assets, etc.) through mediation.
If you are a co-signature on the mortgage, you will continue to be liable for its payment, unless the mortgage Company allows you to remove your name from such mortgage. You cannot simply walk away from this obligation, even if you give up your interest in the house.
Regarding your inheritance, if the inheritance is kept in a separate account, not co-mingled with marital assets, and is in your name only, it should not be considered a marital asset, and will not be subject to any claim by your husband.
If you are located in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions