Legal Question in Family Law in New York
divorce denied...now what?
I sued my estranged husband for divorce on grounds of abandonment. The case was heard by a marital referee who denied the divorce because, he says, we did not prove abandonment.
We have been living separately since he moved out in June, 2004. He stopped paying all household bills, took all of his belongings, changed his address, stopped doing any maintenance on our home, and purchased his own furniture.
He represented himself in court instead of retaining an attorney.
The case was heard by a marital referee at my attorney's suggestion due to the fact that the judge was out ill for several weeks.
I want a divorce from this man. He refuses to sign a legal separation. I feel as though I'm being held hostage by NYS.
What can I do now?
3 Answers from Attorneys
Re: divorce denied...now what?
One option would be re-file, alleging another grounds of divorce on which you could prevail.
Daniel Clement
www.thedivorcereport.com
Re: divorce denied...now what?
There are several strategies that can be employed in cases like this, depending upon the individual circumstances. (And yes, to an extent, you're right about being held hostage - New York is the only state in the nation in which a divorce would be denied under the circumstances you've outlined.)
If you'd like to arrange a consultation, please feel free to get in touch.
Re: divorce denied...now what?
I do not know your circumstances but if it is at all possible, you may want to consider establishing a residence in Connecticut and then after residing there for the statutory amount of time, filing there. CT is a no-fault state.
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