Legal Question in Family Law in New York

Re: Countersue for divorce?

Why would you want to countersue him if you "win"? With a contested divorce property is divided and/or a distributive award is made. You may certainly have some equitable interest in his medical degree. You can certainly counterclaim now on the grounds of adultery or some other ground. It sounds like you need to speak to a divorce attorney. No fault divorce should be coming to NYS but it is not clear when.

Re: Countersue for divorce?

The short answer to your complex question is that you probably do not need to wait to get your equitable share of his license.

The issue is, quite frankly, to complex to detail in this forum. I suggest you consult with me or any other attorney to explore your rights and remedies.

Daniel Clement

Re: Countersue for divorce?

Contrivance, on your part, to delay your divorce, is likely to be more of a financial detriment to you than a benefit. Therefore, You should immediately retain a lawyer to represent you, in THIS divorce action.

Please note:

Failure to Answer and raise grounds or claims, in any law suit, can result in Waiver of grounds or claims, that may be "time limited."

A spouse does not require the other spouse's agreement or consent to divorce.

A Spouse needs to "prove" their grounds for divorce, to be granted a judgment.

However, when a "marriage" is clearly ended, Courts tend to accept proofs submitted, at "face" value.

Then, if the "Divorce Action" is contested, the respondent/defendant spouse, essentially has the task of "disproving" plaintiff spouse's testimony and other evidence, in a way that makes the proceedings appear to be a "spitting contest."

NY is an "equitable distribution" state, re divorce. As a result,a divorcing spouse's "share" and interest in marital and separate assets and property, is NOT necessarily equal nor ordinarily influenced by the claimed basis for the divorce, including but not limited to Abandonment and Adultery grounds.