Legal Question in Family Law in New York
Married Not Living Together
I have been married since 1998, I left my husband in October of 2002 due to constant infidelity and have not lived with/or had communication with since then. What steps do I take to disolve the marriage? Is there any NYS laws that cover married couples not living together for an extended amount of time?
3 Answers from Attorneys
Re: Married Not Living Together
You are asking NM lawyers about NY law. That does not make sense. The law in NY is different than the law in NM. You need to ask a NY lawyer about NY law. Thus, even though live in NM you need to post this question to the NY forum so you will get a NY lawyer to see your question.
I will tell you that you need to state where your husband lives because that is paramount to getting divorced from him.
If you have been living in NM for more than 6 months it is possible that you may be able to be divorced in NM. The court may not be able to divide your property or do anything except divorce you but maybe that is all you are looking for. You did not say.
Your time (and money) may be better spent seeking advice from a lawyer in person who can answer many questions for you in a short period of time. Many lawyers have a low fee or no fee consultation appointment and you may find that to be your best option.
See my other answers to other questions about how to find a low cost or no cost lawyer in your town.
Good Luck
Law Guru
Re: Married Not Living Together
Under New York laws, you would need to obtain a divorce under one of the six stated grounds in Domestic Relations Law Section 170 - and since you left him (rather than the other way around) you don't, technically, have the grounds of abandonment. Since the adultery is several years old, it may not qualify either. However, that's not the end of the discussion. If you'd like to arrange a consultation, please feel free to contact me.
Re: Married Not Living Together
Abandonment is grounds for divorce in New York State.More information is necessary before offering additional advise. Specifically are there marital assets, are there offspring? Call my office @ 7188340087 and perhaps I can offer more info.