QUESTION
On what grounds or basis can i counter-claim my wife for divorce?
Asked on Apr 17th, 2019 on Divorce - New York
More details to this question:
I married a woman in a foreign country and sponsored and brought her to America. We have one child together and I have 2 children from a previous relationship. I spent a ton of money to support the woman; for her personal needs, immigration and education. However, I feel she used me to gain citizenship of America. Just after a few months she came to America, she abused my children physically and she went to live on her own and now exactly 3 years later, served me divorce papers, right after her citizenship. We have no property and only share 1 child; whose custody case has already been decided. I have all the proof of all the money I had spent on her over the years. How can I counter-claim for divorce?
1 ANSWER
The grounds for divorce that are permitted in New York are defined in Domestic Relations Law Section 170. However, the reality is that except in the most extreme cases DRL 170 (7) is the only grounds used: irretrievable breakdown of the marriage.
The reason for this is that the grounds very rarely alters anything in a divorce: you're going to get a divorce, the Court doesn't care why, and the economic and custody resolution is not altered by the grounds, except in the most extreme and unusual circumstance, which your description does not match.
Answered on Apr 23rd, 2019 at 5:20 AM