Legal Question in Family Law in New York

how do i go about getting a divorce if my spouse wont give it to me. I also was woundering if one of the witness was under age are they a legal witness to the wedding and is the married legal


Asked on 11/23/09, 3:28 pm

1 Answer from Attorneys

Paula McGill Paula McGill Attorney at Law

There are several grounds for divorce:

(1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.

(2) The abandonment of the plaintiff by the defendant for a period of one or more years.

(3) The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.

(4) The commission of an act of adultery.

(5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment.

(6) The husband and wife have lived separate and apart pursuant to a written agreement of separation.

Also licensed in New York and practicing in Nassau County.

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Answered on 11/28/09, 8:15 pm


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