Legal Question in Family Law in New York

devorce

I've been seperated for eleven years(not legally).Our son is seventeen. Child support and visitation have been in place for eleven years through family court. I want a devorce,she doesn't.can I get a devorce easy?


Asked on 11/17/08, 10:02 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: devorce

You need grounds to obtain a divorce in New York. Grounds for a divorce are set forth in DRL 170. The grounds are:

(1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.

(2) The abandonment of the plaintiff by the defendant for a period of one or more years (this includes constructive abandonment - no sex.

(3) The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.

(4) The commission of an act of adultery ...

(5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years...

(6) The husband and wife have lived separate and apart pursuant to a written agreement of separation ...

Depending on your particular facts, you must fall into one of the 6 instances set forth above.

Is the divorce easy? Certainly if she consents then divorce is easy.

Mike.

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Answered on 11/18/08, 7:45 am


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