Legal Question in Family Law in New York

my husband has been on drugs for many years.i di not no this when i marry him that he had a pass drug history.his family and he did kept it secert .i only found out thur the years in the marriage. i beg and plead ed with him to get help for his drug abuse. he never did, i was abuse thur the marriage. until nov 29,2009.i made up my mind that i wanted out.i change my lock pack 6 months of clothes.went to my moms house stay there.i ran into him jan 26, 2009.we came back to my apartment sat down and talk.we made love, little did i know that he was staying with another women and she is hiv postive. this is a true fact. when i found out. i was very hurt. went to the doctor and took serval hiv tests. they came back negtive,thank god for that.what grounds do i have. also what legally rights do i have to take this anmial to court. she knew i was marry. i do plan on divcoreing my husband. he is as much to blame.sign east new york bklyn


Asked on 5/21/11, 9:48 am

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

Under the new law, you do not need grounds to get a divorce in New York State. You only have to declare that the marriage has been irrevocably broken for the past 6 months. As for an action against the other woman, you do not have any cause of action that would be sustained. You do have all of the ammo you need for a very good settlement with your husband, if he has anything to get. Most addicts do not have any assets that would be worth going after.

If you would like a free consultation, you can contact me at 516.746.4747.

Joel R. Salinger

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Answered on 5/30/11, 9:23 am


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