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Can I still counter sue my husband on grounds in New York under the new No-Fault divorce law ?

Washingtonville, NY |

My husband wants a divorce and is using the new No-Fault law as grounds. I can prove adultery, cruel and inhumane treatment, abandonment, sexual abandonment. Can I counter sue him on those grounds ? Also, I have filed petitions for modification of custody of our daughter wanting sole, legal custody and I am seeking no visitation based on his drug and alcohol addictions as well as his mental problems (Schitzophrenia and Bi-polar depression) which he refuses to admit and seek treatment for. He was arrested 6 times between June and August 2010, all alcohol related. He was given medication for his mental issues and told our daughter "I don't need that crap, there is nothing wrong with me. I am only taking it for the courts" which my daughter has told my attorney. I am have also filed a

petitiion to violate him for the original court order that he is not allowed around my daughter while under the influence, which he has done many times and has been documented by the police. He has a 30 plus year arrest record all drug and alcohol related, mental issues and my daughters therapist and psychiatrist both feel he is detramental to my daughters emotional well being. What do you think will happen ?

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Attorney answers 2


Yes. The original "fault" based grounds are still on the books in New York. However, you will likely prolong your case in terms of time and expense. Adultery is perhaps the most difficult to prove. I recommend that you contact a matrimonial attorney to discuss these issues in greater depth.


I agree with the first answer offered. While you can countersue for adultery and any other ground for divorce, it does not make a big difference in the outcome of the case with regards to equitable distribution any longer. You are likely to spend a lot more money between the two of you than it's worth, but that's entirely up to you.

Speak to a local matrimonial attonrey and see what options you have available to you.

Good luck.

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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