Legal Question in Family Law in New York

Re: divorce and cruelty

If you were to file for divorce you would file under adultry and possibly constructive abandonment. Athough his acts seem cruel to everyone, the law does not see this as rising up to the level of cruel and inhuman treatment as defined by NYS DRL 170.

Your property would be divided under the equitable distribution laws.

If you wish to discuss this further or are in need of a consultation you can contact me at my office at 516/746/4747 or you can e-mail me at [email protected]

Joel R. Salinger

Re: divorce and cruelty

I would agree with Mr. Salinger that adultery would seem the more appropriate cause of action.

As to what happens to you after filing for divorce, an economic settlement will be either negotiated between you and your husband, or the court will impose one, based on the principles of equitable distribution. The equitable distribution system does not take into consideration who is at fault for ending the marriage. It seeks only to fairly divide marital assets.

You may be entitled to what is commonly known as alimony - and, if there are children born of the marriage, child support.

You should consult a qualified divorce attorney in your area. Please feel free to get in touch if I can be of assistance.

Re: divorce and cruelty

I respectfully disagree with Joel and David.

Adultry is very difficult to prove and based on the limited facts you have provided, you have not made out a claim for adultry.

Cruel and Inhuman treatment is the way to go. Although after 20 yrs of marriage this will have to be substantial.

You will need to state 3 incidents of cruel and inhuman treatment that happened within the last 5 yrs.

You are entitled to child support and perhaps maintenance (alimony). See an attorney before you do anything.