Legal Question in Family Law in New York

reason to file divorce

I met my wife in highscool(79),married in 88,and have a 5 year oid daugther.My wife states that she has never been happy and on friday filed for divorce.She informed me that she has no right to make me leave the house under our current circumstances and has filed due to substance abuse.Althouugh I have gotten drunk on occassions, there has been no serious problem that has come from this.My wife and I both hold steady,good jobs and I have always said that I would never try and fight her if this arose, if anything I would give her more then asked for.

My question is why would she go this route(substance abuse).What is the difference of using irreconcilable differences.Doseit have anything to do with an annulment.


Asked on 1/31/01, 12:58 pm

1 Answer from Attorneys
Salvatore Lagonia Attorney At Law

Re: reason to file divorce

There is no such thing as irreconcilable differences in New York - nor for that matter is drug abuse per se a grounds for divorce. I suspect she is using Cruel and Inhuman treatment as grounds and using the substance abuse as examples of that treatment. The good news is that grounds do not have much bearing on the money and asset issues in a divorce. Typically - when the divorce comes near finality - the couples will come to an agreement on grounds - often times Constructive Abandonment.

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Answered on 3/15/01, 8:31 pm


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