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Pat

Grounds for divorce in N.Y.S.

I am suing my husband for divorce in N.Y.S. on the grounds of cruel and inhumane treatment.  In the answer to my divorce complaint, his attorney states that  they deny that it occurred, but in fact if it did occur, it was a pattern of the marriage.  If it was a pattern of the marriage, does that fact make  it non grounds for divorce?


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EASY, If you file in N.Y. it is eaiser to file for UNCONTESTED DIVORCE. Disolved marrage/No reconcilation  possiable. If you attack character it will go to a judge for review. You HAVE to have PROVE. (ie , police reports, ect...) If then you cannot PROVE your case, there is cause for further review. This means more delay. I would argue against ANYONE who accused me, no matter if I was right or wrong. Make it easy on yourself, unless you want the drama. N.Y. divorce takes 90 days w/ no contension. YEARS if you want to. It's easy for me to be a smart alleck here, but I have been through it 3 times! Good luck, and call if your not busy!

Posted 2009-06-16T23:36:10Z
 
1 helpful answer

Have you discussed this with anyone in the past? a girfriend, therapist,  doctor? This could be evidence. Aslo, if he was ever physically abusive, photos or medical records are also evidence. It sounds like he doesnt want a divorce, so uncontested wouldnt work. You could serve him with seperation papers or live separately for 1 yr and thats separation and thats grounds for divorce - theres more info here where i got it from;

http://www.divorceattorneysofnyc.com/grounds-for-divorce/

Posted 2009-10-16T21:46:53Z
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Are children involved? If so you must read this Free report at http://singleparentsuniversity.com

Posted 2009-10-30T03:18:37Z
 
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Need your state's legal forms? Then click the link 'forms' above to view my profile.

To appropriately use that as lawful grounds for divorce both parties must agree upon and substantiate the charge or the filing spouse must prove it in court. The cruel and inhuman treatment of a spouse is a lawful grounds for divorce but If your husband is unwilling to recognize the claim as being true then you must provide evidence to support the claim. In 1974 though there was a case in New York where the judge said you don't need evidence to prove that cruel and inhuman treatment is occurring and those grounds can be used without evidence. I suppose that's because it can be difficult to prove those grounds because cruel an inhuman treatment can greatly effect a person's mental health without necessarily causing physical damage or harm that would leave physical evidence.

Posted 2009-11-11T06:58:19Z

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