Legal Question in Family Law in New York
My spouse and I have been separated (although not legally) since April 2008 when I moved out of our marital home. Both of us SAY that we want a divorce, but I'm stuck in a difficult position because of the lack of no-fault divorces in New York. My spouse has not committed adultery, constructive abandonment, or cruel and inhuman treatment that I would be able to prove in court; nor are they incarcerated. They refuse to do a Separation Agreement and we both agree and acknowledge that the only "ground" either of us could use is for them to sue me under Abandonment since I departed the marital home. However, my spouse continues to procrastinate starting the process constantly telling me that they will do it "soon" and yet it has been well over the necessary year-long requirement for abandonment and they are still doing nothing.
So my question is: with no grounds that I could use to sue them under, and their refusal to begin the process, is there NOTHING that I can do but wait around for months or even years for them to start? Are there no options for a spouse if the other spouse refuses to start the process but simply waits and waits around for years? What if ten years from now they still refuse to start the process?
2 Answers from Attorneys
You've done your homework. If you're the one who has abandoned the other person there is nothing you can do in the New York system.
However, you can move to New Jersey, where the waiting period is one year for a no fault divorce.
Another solution... perhaps you were forced out of your marital home? You can serve him divorce papers alleging that he locked you out of the home and did not let you return. This is a valid ground for divorce in NY. Even if he refuses to sign papers, you can still get your divorce after a short waiting period after which he will be in default. Contact me for more info.
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