Legal Question in Family Law in New York
seperation/divorce
My wife and I are getting divorced after less than 2 years. Right after we got married, she changed her mind and wanted kids. I do not. We had agreed to this up front. I am 53 and she is 39. We seperated over a year ago. I have been paying her $750 a month for over a year, as well as paying $10,000 in good faith to her so she could go back to school. This was with the idea that we may get back together. I recently found her with another man. She has not started school. We have an arbitrator who I am not allowed to speak to. In the final divorce agreement papers, which I recently received but have not signed, the reason for the divorce is I will not give her sex. Absolute nonsense. She says this is the only way for us to get divorced on paper. My question is; Does her infidelity release me from these payments? Can I also get back the $10,000? She lives in her father's house in a seperate apartment. While living there, I made improvements valuing $20,000, such as a brand new bathroom in the bedroom, as well as a new didning room set, etc,etc. She also illegally rents out a room in her apartment, and has not paid any taxes for some years. She teaches music locally, and plays music in restaurants, etc, all cash. Please help. Thanks
2 Answers from Attorneys
Re: seperation/divorce
NY State requires that grounds be shown in order to get a judgment of divorce. Often, constructive aboandonment is invoked because it easy to plead without reciting real or fabricated instances of such offensive conduct such as cruelty or adultery. I don't understand how you ended up in arbitration or why you think you are obligated to your wife any money. Please post additional information or call me to discuss in further detail.
Re: seperation/divorce
You need your own lawyer immediately. You are getting very wrong information from this so called arbitrator and you need clear and proper advice as soon as possible. You should not be making any payments to her and you should not be agreeing to keep paying her anything.
As for the issue of grounds, New York State requires to state the legal reason for the divorce. There are very specific grounds allowable under New York State Law. This is under NYS DRL �170. If you would like to discuss this matter further, please contact me at 516/746/4747 or use my e-mail - [email protected] I give a free consultation.
Joel R. Salinger
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