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If my husband is suing me for divorce under the new NY No-Fault law, can I counter sue him with grounds ?

Monroe, NY |

If my husband wants to divorce me under the new NY No-Fault Divorce law, can I counter sue him on grounds of Cruel and Inhumane treatment ?
He wants to say that our marriage is Irretrieveably broken down, which he has to swear to under oath...I can prove that he said in June that he wants to come back home to me and our daughter, which he did, and we resumed sexual relations, then went back to another woman he was seeing after she had him arrested and is now living with her, committing adultery also.

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Attorney answers 2

Posted

You certainly have that right. But unless it's really important to you emotionally, why bother? It will make no difference at all in the outcome of the case.

At the end of the day you'll have a divorce and an economic settlement...no matter what the grounds. And, at the end of the day, the divorce case records will still be sealed, so no one outside of the parties or the attorneys have access to them.

Posted

You can assert any grounds you wish.

DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.

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