Legal Question in Family Law in New York
Contested divorce
How can one obtain a divorce in NYS when the defendent contests the divorce? I sued on grounds of abandonment and my spouse contested the divorce. The judge ruled in his favor. It has now been nearly three years since he moved out of our home yet I am still not divorced. He also refuses to sign a separation agreement. I have consulted with two attorneys since the divorce trial and both have told me that there's not much I can do about it except wait for him to change his mind and accept the divorce. There must be something that can be done. Any advice?
3 Answers from Attorneys
Re: Contested divorce
You would have to bring a new action for divorce and claim that the abandonment was started after the last court action. Your chances are slim but there is still a chance.
Re: Contested divorce
When the defendant contests the divorce, the burden falls upon you to prove the allegations that you are alleging. One possible option is to find other grounds upon which to file your divorce.
You also noted in your question that there has been a divorce trial. If there was a full trial on the all of the issues in the divorce, then you should be able to get some kind of resolution from the judge by way of a motion to compel him to enter into the stipulation.
If the trial that you refer to was only on the issue of grounds and nothing else, you could withdraw your action and file a new action. If he has moved out of the house three years ago, on the face, you seem to have satisfied the grounds for abandonment. But if you refile, you should include alternate grounds for divorce as well.
Re: Contested divorce
If it is possible for you to move to Conecticut (establish a residence), you could file there under "no fault" once the residency requirement is met.
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