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Is there any way my wife can prevent the divorce from happening now that i have counter divorced?

Rochester, NY |
Filed under: Divorce Divorce court

my wife filed for divorce in sept.2012; her reason was that the marrige was broken apart and irretrievable. I gave my answer and said that she was cruel and inhumane toward me. After 4x of going to court, my lawyer suggusted that we get a settlement. my lawyer suggusted that we obtain a dual divorce; she would get irretriveable breakdown of marrige and i would recieve cruel and inhumane treatment. She does not agree to this. After all this she does nothing and the divorce process just stops for 5 months. and now i have filed for a counter divorce [irrretriveable breakdown of marrige] in hopes of finishing this divorce. how long can a divorce go on for, is there anything she can do prevent or make the time longer for the divorce process?

Attorney Answers 5



There's no advantage to the cruel/inhumane. Fighting over silly stuff can drag a divorce out for quite some time.

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Your wife cannot prevent the divorce as (most agree) there is no defense to a claim of irretrievable breakdown. The other issues (such as custody, child support, maintenance, property distribution, etc) can take years to decide.

It is always advisable to contact an attorney. For a consultation, please contact our office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. For more information, please see our website: <a href="">Long Island Divorce Lawyer Louis Sternberg.</a>

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Grounds are not the real issue the financial and custody and child support if any are the real issues. Agree to Amy ground and move on.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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In 2010 New York changed its 'grounds' for divorce to include an irretrievable breakdown for a period of six months or more. Generally it has been held that an affidavit by one party swearing to this fact will suffice. Thus it may be useless to prove grounds - and it is not likely to inure to you any benefit. This will simply drag out the process for very little reason. The law is different now ... a spouse can run around on you, spit on the floor three times ... and you are divorced ... and she will get CSSA and equitable distribution if she gets custody.

The law provides little incentive to try to stay together.

Unfortunately, these matters can take time if you can't reach a settlement. Contact an attorney, because custody, property and other issues may be carefully considered.

Best of luck

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You are correct that by counter-suing for Divorce based upon irretrievable breakdown in the marriage, she cannot stop you from getting the Divorce. It will take as long as it takes, but usually it will take somewhere less than 6 months.

Speak to your attorney about details.

Good luck to you both.

You may call our office at 516-248-6600 or send an email to us at This answer does not form an attorney/client relationship with anyone and any answers do not constitute direct legal advice and should not be followed unless and until you have spoken with an attorney of your choice.

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