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Divorce

Hello, my wife and I have been livning apart for over a year. We both have others in our lifes. We just got done with going to court over my son. All was solved with child support and the support I pay to her. It is all in court order now. She will not agree to legal seperation or divorce. How do I go about this? It is a control thing with her. She has her boyfriend and I have a wonderful girlfriend and I would like to get on with my life. I do not a want thing all's we have is our house and the items in it. My offer to her was to get the loan in her name and if she could not do this then to put it up for sale, I want 30% of the monies made on sale. Can she keep the divorce on hold for as long as she wants?

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Attorney answers (2)

Avvo Pro

Reputation Level 14
New York State remains the ONLY state in the US where the Courts will not grant a no-fault (e.g. for irreconcilable differences) divorce. THis, however, does not leave you without options. You may file for divorce on the grounds of adultery or cruel and inhuman conduct. A seasoned matrimonial attorney should be able to draft a complaint taking most circumstances and characterizing them as "cruel and inhuman" conduct. Another option is to file for legal separation on the same grounds. Once you have a legal separation, you can seek a divorce a year later. Finally, if all else fails, you could simply move to another state for a sufficient period of time to establish residency, and obtain a divorce there. There may be other ways to put some pressure on her to agree to the divorce, depending on your situation. Without a divorce, the Court cannot divide the marital assets. This may provide you with some bargaining leverage to gain her cooperation and consent to the divorce. I recommend you meet with an attorney to discuss the details of your particular case. Good luck.
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Reputation Level 9
In new your, living apart from your spouse for a period of one year or more may give rise to the abandonment grounds for divorce, provided that the potential plaintiff was not the party who moved out and was not the party who gave the other party reasons to move out. Further, any ongoing relationship by the other spouse may give rise to an adultery cause of action. Initially, a determination should be made if there are adequate grounds for divorce and only then should the equitable distribution issues be discussed. I suggest that you contact a family law attorney either in Troy or Albany and discuss these issues.

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