Legal Question in Family Law in New York

Re: divorce

You would have to file for a divorce. You can review the necessary forms at:

http://www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml

However, it would be easier to have a matrimonial attorney prepare and file the forms. If you want you may contact my office. I charge a flat fee for an uncontested divorce.

Mike.

Re: divorce

From what you say, it does not appear that you have grounds for divorce. IN GENERAL, below are the grounds that NY requires:

-Abandonment (you have not lived together for at least one year)

-Sexual abandonment (you have not had sex with your spouse for at least one year)

-Separation agreement (you have lived apart for at least one year pursuant to (1) a judgment of separation or (2) a separation agreement

-Imprisonment (your spouse has been imprisoned for at least three [3] consecutive years after you were married)

-Cruel & inhuman treatment (your spouse treated you so badly that it endangered your physical or mental health. You will need to specify exact dates, places and details of the cruel & inhuman treatment)

-Adultery (you will need third-party corroboration EVEN WITH your spouse's admission, and only if it has been less than 5 years since you found out about the adultery)

Please consult an attorney to discuss your particular case.

Re: divorce

Your first issue in this matter will be the grounds for divorce. You should consult a matrimonial attorney in your area to guide you through the process.