Legal Question in Family Law in New York

Re: Divorce refusal

Yes, he can file (i.e., sue you for divorce), whenever he is so inclined.

He may disagree with you on the question of grounds. However, he would have to meet his burden of proof with the judge or jury.

If you wish to discuss this further, feel free to call my office to schedule a confidential consultation.

I practice in NYC & Long Island.

Re: Divorce refusal

While anyone can "file" for divorce by issuing a summons and complaint and paying the county clerk the proper fee for an index number, filing for a divorce and proving your claim are 2 different things entirely.

Unlike some states which have a mechanism for no-fault divorce, in New York, when a divorce is contested, in order to win a divorce it is necessary to prove grounds. From the facts you give, it will be difficult for your husband to do so provided you keep your home open to him should he decide to return.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: Divorce refusal

I am sorry for your situation. If your husband is determined to get a divorce, he will get one.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

Re: Divorce refusal

Your husband requires grounds for divorce, and he cannot use his own adultery or abandonment against you. If you have not provided grounds, such as the above or cruelty, then he will have a very hard time getting a divorce.

Feel free to call me at 212-367-9167 if you wish to discus this further.