GROUNDS

Oct 29, 2018

Question #35: I would like to know the grounds for divorce in NY state. I am looking to get divorced but my wife states that irreconcilable differences is not grounds for divorce in NY. She and I have been separated for 6 weeks now. I want a divorce but not on the grounds of abandonment or adultery. Since I have not committed either one. she tells me these are the only two we can file divorce under

New York State requires specific grounds in order to grant a divorce. These grounds are expressly stated in section 170 of the Domestic Relations Law of New York State and include the following six: 1) cruel and inhuman treatment 2) abandonment 3) confinement in prison 4) adultery 5) living apart pursuant to a decree or […]

Oct 29, 2018

Question #33: I am divorcing my wife for the second time. I had an affair with her best friend after my wife wouldn’t touch me for 8 months. In our first marriage, my wife would refuse to have sex with me for long periods of time. The longest I ever went was 14 months. I told her as we were preparing for our second marriage that I couldn’t live like that, and she promised never to hold out on me. Well 1 1/2 years into our marriage I had gone for 8 months when her best friend approached me. I know what I did was wrong, and I’ve never done it before or since. My question is, now that she knows, and we are getting a divorce, do I have any rights?

In order to properly answer your question I need to know in which state you are located, where were you married, how long are you living in the state, where does your spouse reside, are there any children, assets, etc. and where are they located? In general, most states today do not consider the grounds […]

Oct 29, 2018

Question #29: My wife committed adultery in MD. I have heard that this is a basis for getting an immediate divorce–within 30 days. Also that the property settlement (settlement agreement?) is a separate issue. My question is, can I get a divorce before a property settlement agreement is reached?

Adultery, if proven, is one of basic grounds to for divorce in almost every state, but it must be proven and not simply alleged. I am not that familiar with MD law, but it seems quite unlikely that any state would provide a divorce in 30 days. Although you are right that the grounds for […]

Oct 29, 2018

Question #24: What is a determining factor for filing for a divorce or obtaining a dissolution? I don’t really want to thru lawyers and courts. My husband committed adultery and fathered a child. He stays out late at night and isn’t supportive emotionally. All I want is to be out of the marriage and for him to support our daughter.

The criteria needed for a dissolution was discussed in previous Answers and I suggest you take a look. Adultery is commonly one of the grounds for divorce in most states, and should be enough if you can support this accusation with evidence. Once grounds have been determined by the court, it will entertain the issue […]

Oct 29, 2018

Question #20: Currently am involved in an upcoming divorce proceeding where the wife may claim adultery. I have reviewed your other messages and see that some sort of proof is required. What is/could be considered proof? I live in the state of Georgia. She has also contacted the husband of the person that I supposedly had this affair with and I am trying to control the damage to many innocent people. I have scheduled a meeting with counsel but this is getting out-of-hand rapidly and any basic information would be appreciated. Thank You

I am not familiar with the evidentiary requirements under Georgian matrimonial law and whether grounds are necessary to receive a divorce in Georgia. In New York, grounds are necessary and the statute delineates 6 specific grounds for divorce. Adultery is one of the grounds. Generally, the courts listen to the testimony of the opposing sides […]

Oct 29, 2018

Question #13: My brother has lived with his companion for the past three years. They have a 2 years old baby. He is planning to separate from this person, but he does not know how what are the procedures to following and where he can go to get advise about the law (child support and alimony). They are not married, yet he wants to take responsibility for his duties and what the law of NYC states. I appreciate any advice on this matter. Thank you!

The law with regard to his situation is somewhat different from a regular divorce of a married couple and I suggest that he get in touch with me at 212-370-1660 to discuss the matter in more detail. Leonard M. Weiner, Esq. Divorce Solutions

Oct 29, 2018

Question #7: One party wants to divorce and the other does not,is there a way to get a divorce other than by default?

under Section 170 of the New York Domestic Relations Law there are six grounds for divorce which if proved are sufficient to grant they judgment of divorce to either spouse. These grounds include 1) cruel and inhuman treatment; 2) abandonment; 3) confinement in prison; 4) adultery; 5) living apart for a period of one year […]

Oct 29, 2018

Question #5: My friend has been married for less than two years and has a three year old daughter. He moved out of his house over six months ago, but has not been able to afford a divorce yet. He and his wife have been planning to legally separate, and then convert to a divorce after the allotted amount of time, but he’s getting anxious about it and would like to get it over with already. We are curious as to the formal definition of “adultery” and what implications it admitting to adultery might have for his future alimony. Also, since his wife works (although she makes less than he does), will he have to pay alimony at all? We live in NY state.

Adultery is one of 6 grounds for divorce under the New York State Domestic Relations Law Section 170 and is defined as “the commission of an act of sexual or deviate sexual intercourse, voluntarily performed by the defendant, with a person other than plaintiff after the marriage of plaintiff and defendant.” Any forgiveness by plaintiff, […]

LEONARD M.WEINER, ESQ, Ph.D.

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Divorce Solutions

Question #29: My wife committed adultery in MD. I have heard that this is a basis for getting an immediate divorce–within 30 days. Also that the property settlement (settlement agreement?) is a separate issue. My question is, can I get a divorce before a property settlement agreement is reached?

Question #7: One party wants to divorce and the other does not,is there a way to get a divorce other than by default?