Legal Question in Family Law in New York

Can you terminate the action for divorce if the grounds for divorce is a lie

My husband has filed for divorce by sending an action for divorce and has stated the grounds for the divorce as abandonment. I read that abandonment can be used as grounds for a divorce if it exceeded a period of a year. I planned, after 25 years of marriage, and with my husbands knowledge to live in California ,for 9 months with the youngest 3 of our six children,as I felt that my dream to live there permanently would never happen, and I deserved a chance at my own happiness after residing in New York the 25 years we were married. He was invited to go. He had finally gotten a job after 3 years of staying home, but hated it and I felt the family needed a change.I planned for this trip for a full year, and was able to build a nest egg above the prior year income to support this dream. He drove me to and from the airport in Sept.I went to find a location, & again in Nov. for the actual move. He came to visit in December for 3 weeks. I brought the family to NY in May,and by July was residing at my home in NY but commuting for 3 days a week to work in CA.I left Nov 1, and returned permanently Sept 4th, but was home every Mon,Tues,Weds, and part of Thurs from July 11.He have no grounds for this divorce.How can I get it dismissed?


Asked on 11/30/06, 8:26 pm

2 Answers from Attorneys
Kristen Browde Browde Law, P.C.

Re: Can you terminate the action for divorce if the grounds for divorce is a lie

You are correct that the facts that you state are insufficient for him to obtain a divorce on the grounds of abandonment. Assuming that you want to prevent a divorce in New York, your course of action is to contest the divorce.

My suggestion is that you immediately contact a matrimonial attorney in the area of the state in which the case was filed, and arrange a consultation.

You should ask the attorney or attorneys with whom you meet as to the cost of fighting the divorce (and it may be substantial), as well as the possibility that your husband might thwart your effort by moving out of New York, into a state in which no fault divorce is possible.

Good luck!

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Answered on 11/30/06, 8:53 pm
Daniel Clement Law Offices of Daniel Clement

Re: Can you terminate the action for divorce if the grounds for divorce is a lie

You will have to contest the divorce and fight it out on the merits.

Daniel Clement

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Answered on 11/30/06, 10:07 pm


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