Question #79: My sister’s husband left her for another women whom he said (thought) was pregnant with his child. After realizing that the child was not his, he has been trying to reconcile with my sister who is adamant about remaining separated. They have been separated for almost two years now and in my attempt to help her, I want to know what the case for divorce looks like just taking into consideration the information provided thus far. (Married in NYC- both residing separately in NYC.)

Based on the information you provided, your sister would have grounds for divorce as a result of her husband’s adulterous affair with this other woman. Although your sister has been separated for two years, since it is without a written separation agreement or other form of legal separation, she is still considered legally married and all monies earned and assets acquired by her or him during this period are considered marital property. I strongly suggest that your sister contact me at 212-370-1660 to arrange for a meeting to discuss mediating the divorce. Mediation will save her time, money, and aggravation.

Leonard M. Weiner, Esq./Divorce Solutions