Legal Question in Family Law in New York
''Self-fault'' Divorce
Is it possible to file for a divorce and cite the fault as being your own? I have been separated from my spouse for 3 years, no legal decrees. I moved to another country. I wish to file for divorce; she refuses though she currently has a new companion now, as do I. There is no property; there are children. Since for all intents and purposes I have abandoned her am I 'stuck' in a marriage neither of us wants just because she refuses to grant one out of spite? Thank you for your counsel.
2 Answers from Attorneys
Re: ''Self-fault'' Divorce
NY is a "fault" state and the Plaintiff cannot site their own "fault" as the grounds for divorce.
However, you might have "constructive abandonment" grounds to divorce. To Wit: Your spouses' refusal to have sex with you, refusal to live with you after your move, when you asked her; her "locked door" against you, when you attempted to return, and other things can all be considered "grounds," to initiate the divorce, then your spouse' answer and counter with her "grounds" against you, can permit the Court to grant a divorce judgment against you, If you "feel" that is the right thing given your culpability.
You should immediately consult with an attorney.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
Re: ''Self-fault'' Divorce
You can not sue for divorce based on your own fault. Options are: 1. Establish residency in a "no-fault" state for the statutory period of time and file for divorce there. 2. Consider whether the reasons you left the marriage amount to mental cruelty on her part. If so, file in NY.
Mental cruelty can be name calling, not participating in family affairs, controlling, etc. But the longer the marriage the more difficult to prove.
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