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Divorce

Asked about 3 years ago - Yonkers, NY

i live in weschester co. NY, and i want to get a divorce. i have no real ground for divorce other than i'm not in love with him anymore. my spouse lives with me , but is not on my lease. he doesn't have a job, and is not contributing to any of the overwhelming expenses in the house. i'm $20,000 in his and my debt and i gave him 30 days notice to move out due to domestic problems. is this legal on my part? can i take him to court and get his portion of the debt, including utilites and grocery monies?

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Attorney answers (2)

Reputation Level 6
Answered about 3 years ago. Divorce / Separation Lawyer in Poughkeepsie, NY.
You need grounds in the State of New York to get a divorce, which include cruel and inhuman treatment, adultery, abandonment or constructive abandonment for one year, or living separate and apart pursuant to a valid separation agreement for more than one year. I would suggest you find a divorce attorney in Westchester who can discuss your options and come up with a plan to move forward with a divorce.
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Reputation Level 10
Answered almost 3 years ago. Divorce / Separation Lawyer in East Islip, NY.
In NYS you need grounds to get a divorce. There is no such thing as "irreconcilable differences"
in NY. If you take him to court, you can only get child support and possibly maintenance (depending on your income). .
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Other answers (1)

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Real World Opinion

Answered by a user, about 3 years ago.
You do not need any real grounds for a divorce - simply having irreconcilable differences in the relationship is enough. Since you are married, all assets and debts are the responsibility of both of you - even your assets and debts from BEFORE you got married. You can't legally kick him out of the apartment (because he is your husband) however, you say that there are domestic issues - if you are being abused in any way — even verbally - call the cops and they will remove him. You file a claim to force him to help you with bills — but you can get divorced from that dead beat for sure. ;-)
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