Legal Question in Family Law in New York
Grounds and Separation
I have been told I have no legal grounds for divorce. I left my wife over a year ago. If I have no grounds for a divorce does that mean I have none for a separation either? What can I do if I don't have grounds according to NY law?
2 Answers from Attorneys
Re: Grounds and Separation
New York is one of the states that still requires fault before one can obtain a divorce. The best way for the two of you to resolve this is through negotiations. If you have been out of the house for a year, she has grounds but you do not. Yes, a separation requires the same fault. Best of luck.
Re: Grounds and Separation
Then you may be the only person in NY without grounds for divorce.
In my experience, it is very rare indeed for people to be so unhappy in marriage that they want a divorce, but somehow cannot find a basis for getting a divorce.
Usually, if we look closely enough, we can find enough fault to go around in almost any marriage.
Suggest you consult with an experienced matrimonial attorney.
For more information, please see my web site.
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