Legal Question in Family Law in New York

Re: Separation

First of all, you need legal grounds for your divorce. NY still does not recognize "no-fault" or "irreconcilable differences" as grounds. However, if you have not had sexual relations with him for more than one year, you may qualify under sexual abandonment. You may also specify "cruel & inhuman treatment" if you can recount specific dates and instances of cruelty.

Second, once you start your divorce action, do not be surprised if your husband retains a lawyer to fight for a portion of your assets, including your home.

Re: Separation

While the previous answer is correct insofar as it goes, there is another option, which is an action for a separation. This could have the effect of forcing a resolution of some of the issues, such as the equitable distribution of property, and declaring that the house is your individual property.

If you'd like to discuss the situation, please feel free to get in touch.

Re: Separation

Has your spouse contributed to the improvement of the home?

Why haven't you filed for a divorce?

Abdul Lloyd Bey, Esq.