Legal Question in Family Law in New York

Divorce

My husband has confessed to having an affair; what action can I take to obtain a divorce?


Asked on 11/20/08, 7:25 am

3 Answers from Attorneys

Steve Brodsky Esq. CheapNewYorkLLC.com

Re: Divorce

You can file for divorce, but be aware that you will need third-party corroboration of the adultery EVEN WITH your spouse's admission, and only if it has been less than 5 years since you found out about the adultery.

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Answered on 11/20/08, 2:01 pm
Kristen Browde Browde Law, P.C.

Re: Divorce

You should contact an attorney who handles matrimonial cass, and who can guide you through a divorce on the grounds of adultery.

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Answered on 11/20/08, 7:29 am
Michael Markowitz Michael A. Markowitz, PC

Re: Divorce

A very broad question for a very limited forum.

Although the husband had an affair, that wrong gives grounds for a divorce, but does not necessarily affect division of assets of the marital property (equitable distribution).

I tell all clients to first obtain a copy of all financial records. This should be done even before contacting counsel.

Finanical records include tax returns (at least past 3 years), bank accounts, stock / brokerage accounts, credit card accounts, lease or mortgage payments, automobile payments, etc.

The next step depends on circumstance. If you can work out the basic issues of the divorce with the husband, do so and retain an attorney to handle the procedural matter of actually obtaining a divorce. If you cannot work out the basic issues, or, for whatever reason you do not want to deal with the husband, you should contact a lawyer to review the financials and contact the husband to attempt to work out an amicable divorce.

Mike.

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Answered on 11/20/08, 7:53 am


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