Legal Question in Family Law in New York

adultry

my wife had left me while she was pregnant with my child and had an abortion. while living only a month with her x boyfriend in tacoma WA she got pregnant with his child right after she had abortion. Not shure how long apart). Is ther anything I can do to get relief from her and him because thats adultry and he is still in teh military which is a violation of article 134 adn she is here with no papers yet. (shes from japan)


Asked on 10/17/03, 3:39 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: adultry

This must be very dificult for you. I cannot imagine the pain of losing your child and then having it rubbed in you face like that. You are well-rid of this woman. She is now that other guy's problem. May he have the same joy from her.

You should be satisfied that she will be as destructive with him as she was with you. It can only bring them closer to have you thrust yourself into their goings-on like that.

Answering your questions: If he is an officer, it will have an impact if you report he is living with your current wife. Its a black mark and may cause him to lose a promotion. This is important - 3 times passed over for promotion and he will be discharged from the military. The temporary loss of promotion is the biggest impact it could have on an enlisted man.

The report will have no impact on her status at this point in time. However, the divorce will have a later,important impact depending on her current immigration status. If her status is 'derivative' (from her marriage to you) the termination of the marriage will prevent renewal of her status. She can be deported. This is a significant issue.

Have you initiated divorce proceedings? That is something I can help you with. Getting it done quickly may be your goal.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 10/17/03, 3:56 pm
Seth Kaufman Seth M. Kaufman

Re: adultry

If your immediate goal is to get a divorce, then you seem to have sufficient grounds. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.

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Answered on 10/20/03, 10:36 am


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