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If i dont want a drivorce but my husband dose and i believe we can fix it will he get it

New York, NY |
Filed under: Divorce

my husband and i been together for 7 years but 2 married and we have four kids and he wants a divorce but i believe we can go to marital counseling but he dont think we can fix thiis marriage do you think he will get the divorce even if i dont want it .

Attorney Answers 5

Posted

Yes. There has been a change in the law in New York. Neither party has to assert a "ground" for which the divorce will be granted. If one party wants a divorce, they will get it. It's very important that you protect yourself and hire a competent attorney ASAP.

Scott Gross
Scottgrosslaw.com
631-456-2326

This is not a solicitation nor is it legal advice. An attorney/client relationship has not been established.

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Posted

That is a question of fact for the court. There is a new law that states if there is a breakdown in the marriage that can't be fixed a divorce can be granted. You should sit down with a matrimonial attorney to discuss all the facts and options available to you. Good luck.

I have been a criminal defense attorney in New York for over 20 years. Feel free to view my website at Brooklynlaw.net or contact me either by phone at 718-208-6094 or via email at howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

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Posted

Technically yes he can get it but it might not be that easy for him if you don't agree. As such you can "force his hand" into counseling. If it works and you guys reconcile great for the both of you. If you actually go to counseling and it doesn't work and he is still Adams t about the divorce you need to ask yourself honestly if you want to be with someone who doesn't want to be with you (and the effect it can have on your children). Either way you should seek the assistance of a good attorney right away. There are many issues involved here (property rights, assets, maintence, custody, visitation etc.) and you should be protected. I wish you the best of luck and I hope it all works out for you.

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Posted

New York is now a true "no-fault" state. The Irretrievable Breakdown statute provides that one party may obtain a divorce against the other upon a declaration that he or she subjectively believes that the marriage has been broken for a period of at least six (6) months, and that same is irretrievably broken. There have been certain jurists who have held that the party against the divorce may have a right to a trial on the issue of whether the marriage is truly "broken." This is something you will need to discuss with the attorney of your choice. Make sure that the attorney you select is one who regularly practices Matrimonial law. Good Luck.

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Posted

While NY instituted a " irretrievable break down of the marriage" grounds for divorce in 2010, it is not a true "no fault" state. Recent trial court decisions in several counties have compelled the parties to go to trial over the issue of whether the marriage is "irretrievably broken". Conceivably the judge could deny the divorce depending upon the evidence submitted at trial.

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