Legal Question in Family Law in New York

My wife decided to leave me in Oct. after 15 months because she doesn't love me anymore. I moved out, she is now proceeding with a divorce, but NY doesn't have a no fault system, so the only options are Cruel and inhuman treatment, abandonment, or adultry. NONE of these apply, but the divorce papers will say the cruel and inhuman treatment even though she will admit that it is inaccurate, she was advised to use that ground. Can this be damaging to me in any way other than my mindset and ego?


Asked on 3/30/10, 6:23 pm

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

Without knowing more about your situation it's impossible to say with any certainty - but the one grounds to which you do NOT wish to agree under any circumstances is cruel & inhumane treatment.

Consult with a local divorce attorney to discuss your case in detail...but absent more I'd go with constructive abandonment unless there's a real reason not to.

Read more
Answered on 4/04/10, 7:16 pm
Michael Markowitz Michael A. Markowitz, PC

An action for divorce is sealed from the public. In other words, only the parties, their attorneys, and the judge may view the file. A third party may not view the file unless there is a court order, on notice to the other parties.

I disagree on your interpretation of the law. If you and your wife sign and file a seperation agreement and wait a year, that is also grounds for a divorce - without fault.

Mike.

Read more
Answered on 4/05/10, 5:12 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York