Legal Question in Family Law in New York

Re: I need a divorce

I'm sure the last thing you need is to have a bit of irony pointed out, but: the *next-nearest* thing to a no-fault divorce in NYState is a divorce predicated on 'abandonment'.

The *nearest* thing to 'no fault' is a divorce sought after a one year separation - which separation must be governed by a formal, Separation Agreement.

Put otherwise - if your husband had abandoned you one year ago, you would already have grounds for divorce; if you chose to enter into a separation agreement tomorrow, you would have to wait a year before you could convert it to a divorce; if your husband abandons you tomorrow, you will also have to wait a year.

I describe 'abandonment' as like "no fault" because it is an "allegation neutral" proceeding. Put otherwise: the alternative proceedings entail alleging that your husband subjected you to cruel and inhuman treatment, or alleging adultry on the part of your husband. Adultry as a ground for divorce is really very complicated - for instance: in your circumstance, your husband would likely be _un_able to sue you for divorce for adultry, since he "forgave" it one or more times [this is a gross generalization, offered only as an extreme example].

Sometimes, when both people desire the divorce & there are no collateral disputes {for example: custody or property}, one party will sue alleging cruel & inhuman treatment & the other party will simply 'default' [that is, not answer or plead] and the divorce may be granted. However, it is not unheard of for a husband (or wife) to indicate that such will be the course of action UNTIL they see court papers charging them with being cruel & inhuman.

It IS possible for you to put together the necessary papers - including a motion to proceed as a poor person, if you are truly without any funds - by yourself. Access to those forms is relatively simple - you may be able to get them at the Clerk's office in the county seat.

If you would like more information about this approach, feel free to contact me directly _via_ e-mail at jmh-atty(at)bigfoot.com and I will try to help you locate the forms nearest you.

Regards, etc.,

jmhayes

John Hayes

The Law Office of John M. Hayes

Westview Station Box 766