Legal Question in Family Law in New York

Is there grounds for divorce?

The scenario is this: A man is trying to get out of a bad marriage where wife is verbally abusive. The man files for divorce on cruel and inhuman treatment. The man loses that hearing. Court finds adulderty on part of man. Shortly after filing for divorce however, the woman had had an order of protection placed against the man accusing him of assault. The man signed a paper admitting to nothing, but however, is not allowed back in the house. A year has passed since being kicked out of the house. The wife is contesting divorce because she is currently in possesion of everything and wants to stay that way while not having to live with or share with husband. Does the man now have grounds for divorce based on a one year separation? Does the order of separation count as a ''judicial separation decree'' in this case? Or does the man have to stay married to this woman no matter what?


Asked on 9/02/02, 11:36 pm

1 Answer from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Is there grounds for divorce?

This is a situation where you have been running around like a chicken without his head. You do not mention what your attorney has advised, so I will assume that you are representing yourself.

Unfortunately, you got what you paid for.

Suggest you consult with an experienced matrimonial attorney to strategize your case.

I practice in NYC and Long Island.

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Answered on 9/04/02, 8:14 am


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