GROUNDS

Oct 29, 2018

Question #93: Question: My husband and I live in NY. We were married in NY in 1994. He recently said he wants to separate because he no longer feels comfortable being married to me because he has changed as a person. He said that after a year he plans to divorce me. We also have only one child who will turn 8 this year. We have been dealing with some hardships in our marriage the past two years. I feel we can overcome them, but he is refusing to try. I don’t believe a separation is necessary and certainly not divorce. If I don’t agree to separate, can he still go ahead and force one? Also, if we do separate, I’m self employed and make just a little less income then he does. A difference of about $6000./yr. If I were to be the custodial parent of our daughter, would he have to pay any child support or alimony?

Because you have a child you owe it to your child to tryfamily counseling before divorce. However, if family counseling does not help or your husband refuses to go he will be able sue for divorce without your consent. It will be a contested divorce and he will have to prove “grounds”. See my web […]

Oct 29, 2018

Question #92: Seven months ago, I separated from my husband of fifteen years. It was my intention to file for divorce on the grounds of cruel and inhuman treatment, but at his request we filed a separation agreement instead. He has recently informed me that he wishes to proceed with the divorce so that he can get on with his life. (I have since heard through the grapevine that he has a new girlfriend who is allegedly pregnant, and whom he wants to marry). I am more than happy to give him the divorce. My question is can a couple who is legally separated file for divorce before one year of separation. We live in New York State and I don’t know if this will make a difference.

It is possible to get a divorce without having to wait the one year period after separation. The grounds, however, cannot be based on the written separation agreement. If you’re living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for an appointment to discuss the matter at greater length. […]

Oct 29, 2018

Question #91: I have a family member that wants a divorce from his wife. They haven’t had sex in over 2 years. Neither one of them would initiate it. About 4 years ago he asked her if she would like to renew there wedding vows, she told him NO. Does he have any grounds for divorce in the state of New York.

Not wishing to renew one’s wedding vows is not grounds by itself for divorce. However, if both parties are in agreement that they would like to divorce, it can be accomplished based on the information you provided. If they are living in the New York City metropolitan area please have them call may at 212-370-1660 […]

Oct 29, 2018

Question #90: Sir, My daughter wants to leave her husband because of severe mental abuse.Can she leave the state of New York and come to North Carolina without legally seperating, or would that be considered abandonment?

Abandonment requires that the person leaving be absent for a period of one year or more before it can be grounds for divorce. If you daughter is the one who wishes the divorce, however, then even if she has “abandoned” her spouse, she should not care because it is she who wishes to terminate the […]

Oct 29, 2018

Question #87: In 2001 I married an immigrant from Argentina. We have been married for almost 2 years in January 2004. I recently found out he cheated on me w/ a woman in London for a week. He doesn’t know that I know about it. I’ve already taken steps to divorce him .I want to know what evidence or proof do I need to file for divorce on the grounds of Adultery? I have reciepts , emails and phone numbers. Is this enough? How quickly will the divorce proceed on adultery grounds

Provide as much documentation as you can to support your position and your claim regarding your spouse’s adultery. After you both testify, the judge will review the evidence presented and the testimony and will decide which one he believes. If your spouse contests the divorce starting with the grounds, the process could take years. Divorce […]

Oct 29, 2018

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 […]

Oct 29, 2018

Question #83: My husband and I have been together for 9 years and got married this past Feb 03 . In April he had an affair that lasted till Sept. I caught him by getting a copy of cell phone bills since Jan before we married. If I was to file for divorce can these copies of the bills hold up in court? and is adultery illegal in NYC?

If the bills are copies of the originals and are unaltered I see no reason why they cannot be submitted to the court in support of your claim for adultery. Adultery is still illegal in the state of New York and is one of the grounds upon which a divorce will be granted. If you’re […]

Oct 29, 2018

Question #81: Do I have grounds for a divorce?? here’s my story. My wife has been out late a lot lately. And talking to a Fellow male military member. finally on labor day weekend after not going with us to camp (she had to work) she was supposed to arrive on Sunday a little after 3pm. after numerous phone calls to her cell phone and my home, finally her mother and I packed the kids up at 10:45pm and went home thinking the worst. when I got home there was no car there. I immediately checked the answering machine thinking car accident. nothing. I guess I came to the realization that she would be at this other man’s house. It was now 12 midnight. I got to his house and there she was. I rang the doorbell for a minute and it took about 2 mins to answer the door. She was in the back of the living room in an uncomfortable computer chair with her hair messed up. I went outside with her and asked what do you want to do, stay here or come home and talk; she kept telling me I dont know. I finally left. I stopped by the navy gate shack to file a report; at that time I didnt. I left for home appr. 1 hour later; a rep from the navy called and asked me if I wanted her to come home or go to a hotel as she was being asked to leave military housing. I said I want her to come home. when she arrived she barely said a word. After trying to talk i gave up and tried to sleep. I got up and went to the bathroom when I was in the bathroom I saw on the floor a bag with night clothes that she wears, toiletries and condoms. (I had a vasectomy in 2001. these condoms were from my drawer and forgotten until now.) I went downstairs and asked her what were these were she said “whatever”. I tried then again to sleep. I found I couldn’t. She had all the money and I needed cigs really bad by now. so I went into her purse and found condoms again. I yelled grabbed the money took both bags of condoms and went down to the navy base and filed a nine page report telling about that night and frequent times she’s been late when talking to him. Then I went home. By this time my mother talked to her and she said she would tell him she would not talk to him anymore. Then I said if she did that I would get the report back. I did and she did. I now find thru phone records that she called him the same day when I was sleeping and has continiued to do so. he now says I am following him and has pictures of this. I am not. She does not want to be married, is continually verbally abusive to me, and we still live in the same house. I gave her the bags of condoms trying to make her see that I just want to be together. So now no report, no evidence, no nothing. Last week I found a card addressed to him saying she couldn’t wait to be in his arms again. Do I have grounds for a divorce??? I can’t let her continue to try and argue with me in front of the kids. I want physical custody and she’s been staying out late still. I keep a journal of it . So I am asking you: do I have grounds for a divorce and what if any are my chances??

Assuming that you can provide evidence of such events, I believe you’ll have enough grounds to sue for divorce based on adultery. It will be up to the judge to hear your testimony and to hear the testimony of your wife and to decide if in fact you have proven the grounds upon which you […]

Oct 29, 2018

Question #80: My wife and I were married about two years ago. Shortly after the wedding, I discovered that she had been having an affair with a man. Their sexual relationship had lasted right up to the wedding. Their relationship continued after the wedding, but my wife claims not to have had intercourse with the man. We have been separated (but not legally) for 6 months. I have decided that I want a divorce, and she said she would agree to one. The problem is that, in New York, you needs grounds for divorce, and this does not include “no fault”. Abandonment would only be accepted if she had left over a year ago. Can I file for divorce under Adultery even though it happened before the wedding? Can I file under “Emotional Abuse”? Any advice would be greatly appreciated.

If you and your wife are in agreement regarding the desire to file for divorce, it is possible to find the proper grounds upon which to file. If you are located in the metropolitan New York City area, I strongly recommend that you contact me 212-370-1660 to arrange for a meeting for all of us […]

Oct 29, 2018

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 […]

LEONARD M.WEINER, ESQ, Ph.D.

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Question #90: Sir, My daughter wants to leave her husband because of severe mental abuse.Can she leave the state of New York and come to North Carolina without legally seperating, or would that be considered abandonment?