Legal Question in Family Law in New York

NYS divorce with no grounds

I sued my estranged husband for divorce in 2006 based on abandonment. I had a very incompetent attorney but didn't know that until it was much too late. The divorce was denied. I filed a grievance against my attorney for various infractions and he was disciplined by the Grievance Committee. My husband refuses to a agree to a divorce. I believe abandonment was my only grounds and now it's been ''used''. We have lived separately for over four years. He also refuses to sign a legal separation. I have spoken to a few attorneys who tell me that my hands are tied. I am a single mom raising a 16 year old daughter and paying all bills on our home. What can I do?


Asked on 7/14/08, 6:46 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: NYS divorce with no grounds

Mr. Clement is correct. If you have not done so already, file in the Family Court for Child Support and support for yourself.

Unfortunately that does not help you with your desire for a divorce. I think the obvious answer is that you need other grounds.

The only other grounds that I can think of is adultery. In other words, is your estranged husband with another woman? To prove adultery you would need to retain a private investigator to obtain evidence to present in Court. Proving adultery is difficult, but not impossible.

Mike.

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Answered on 7/15/08, 8:37 am
Daniel Clement Law Offices of Daniel Clement

Re: NYS divorce with no grounds

One option, short of divorce, is to obtain an order requiring him to pay child and/or spousal support in the family court.

Daniel Clement

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Answered on 7/14/08, 11:56 pm


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