QUESTION
My husband has been having an affair for several months,and I''ve asked for a divorce but he has refused.We have joint property but live separately.
Asked on May 24th, 2012 on Divorce - New York
More details to this question:
I have asked to have separation agreement signed and he has refused this also. How can I proceed with obtaining a divorce from my husband who is continuing an affair.
1 ANSWER
In the fall of 2010, New York added a new ground for divorce, effectively permitting no-fault divorce in New York state. Domestic Relations Law section 170(7) states that a divorce may be granted where the relationship between the spouses has broken down irretrievably for a period of at least 6 months. You may still find yourself fighting over the ancillary issues of child support, custody, alimony/maintenance or equitable distribution but you are entitled to a divorce based on the foregoing. In other words, you do not have to separated or prove adultery.
- Alfred Polizzotto III
Answered on May 25th, 2012 at 1:12 PM