Legal Question in Family Law in New York

Grounds for Divorce

I am in the process of filing for divorce. My estranged husband and I have had no marital relations and slept apart since 1999. He has refused to move out of the home, but is willing to grant me a divorce which would give me a fighting chance to have him evicted. There are no assets, children or any other issues standing in the way of our divorce. I don't know what grounds I have for divorce since he refuses to leave the home. He is a gambler of ten years and has taken no action to settle debts, file taxes, repay debts that I've paid off, or keep me current with money. I have no desire to reconcile with him, ever. My problem is if he is still in the home, separation or abandonment becomes an issue. An adulterer he is not, or I would not know or care about. However, I have suffered from some physical abuse, not requiring hospitalization, and have no witnesses to the abuse. What I truly suffer from is severe emotional and mental distress because of his gambling habits that often results in my paying all of the bills, even during my periods of unemployment, and having someone in my home who I no longer love or respect. I want to end this torment and get on with my life. This man has agreed to the divorce under any terms.

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