Question #86: My brother’s wife left him last year and got her own apartment stating repeatedly she didn’t want to be married to him anymore. He has, on numerous occassions, asked her to come back home and she continues to state that she no longer wants to be married. He has decided to pursue getting a divorce based on abandonment, however when he told her of his intentions, she told him she wouldn’t pay for anything nor would she sign anything? So does this mean he’s stuck just being married to someone who has not only left him, but refuses to set him free as well? They both live in New York State. Thank you for your attention.

Your brother does not need the consent of his spouse in order to file for divorce. If she has in fact abandoned the marital home for over one year he has grounds for divorce and may file a summons and complaint for divorce under New York State law.

If they are living in the New York City metropolitan area I strongly suggest that they call me at 212-370-1660 to discuss mediating the divorce as opposed to litigating it in the court. It is quicker, cheaper, and less emotionally straining.

Leonard M. Weiner, Esq./Divorce Solutions