Legal Question in Family Law in New York

appeal process
a judgement in a divorce for cruel and inhuman treatment was rendered against me in a 28yr old marriage. the court accepted the fact that i worked constantly and was generally not at home in specified years of 1998 to present when my spouse was home, because she worked nights i worked days. my wife the plaintiff claimed that during the day i would constantly bang chairs, knock on walls, belittled her, etc while she was trying to sleep during the day.
the court accepted her claim that my actions caused her to lose weight and hair, even though there was no medical evidence that such things happened. plaintiff was unable to recall any time where defendant even threatened her. judges line of questioning was why don't you give her a divorce if she has done such terrible things to you (you refering to defendant).

Asked on 11/12/01, 8:17 am

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

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Re: appeal process

You do not mention whether you had a counterclaim for divorce. If you did not, then it is not clear why you testified as to her misconduct.

Still, it may have been injudicious for the Judge to implore you to agree to a divorce during the trial.

If you feel the trial court erred in reading the evidence, that is why we have appellate courts.

Remember, you must serve and file your Notice of Appeal within 30 days of the service of the Judgment of Divorce.

The question is, if your wife fabricated her testimony against you at the trial, why would you want to stay married to her?

Suggest you consult with an experienced matrimonial attorney.

Answered on 11/12/01, 10:19 am

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