Legal Question in Family Law in New York

I am a female.I have an uncontested divorce case.But i dont know what grounds to use. So far i know that the ground is constructive abandonment( the lawyer told me on explaining a little). But the problem is , I am the one refusing for the sex, because he is unable to do it, while he wants to keep trying, even though he cant do it. He naturally has some problem , he has never been in an accident or something. My question is what should i write on the form in such situation? plz help .


Asked on 7/28/09, 4:05 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

You do not have grounds for constructive abandonment since he is the individual asking for sex and you are denying the request.

If you intend to do this yourself, I would suggest that you and your husband enter into a separation agreement, file the document with the county clerk, then wait a year. That is grounds for a divorce under NY law.

Mike.

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Answered on 8/03/09, 8:20 am


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