Legal Question in Family Law in New York
Can I sue for unnecessary costs?
In February, 2006, I sued my estranged spouse for divorce. He contested the divorce and refused to work with my attorney to come to an equitable agreement. He has some mental illness issues. The divorce was denied due to the marital referee who heard the case deciding that my attorney did not prove abandonment. I will be suing again on different grounds with a different attorney. Can I sue him for the additional legal fees and court costs that I will be incurring due to his dragging this through court a second time? Do I have any other recourse with the courts other than to sue for divorce a second time? My estranged husband still refuses to work out or sign a separation agreement. How close is NYS to a true no-fault divorce??????
1 Answer from Attorneys
Re: Can I sue for unnecessary costs?
To answer your last question first, New York remains the only state in the nation that does not have some form of no fault divorce. There are occasional attempts to change that - it's an issue that ultimately is up to the state legislature.
It's unlikely that a judge would consider the "extra" costs you consider as something on which you could recover, based on the description you gave. However, the specific circumstances of your case should be discussed with your attorney. Equitable distribution is not always 50-50.
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