UrbanBaby

07.25.08, 11:27 AM General Topics
10 replies

For anyone who filed for divorce in nY, how hard is it to prove I have grounds for divorce? DH is bipolar (diagnosed) and verbally abusive. He will contest divorce..does a judge reallyt have the ability to not grant us a divorce? [ Reply | Watch | Flag ]
General Topics 07.25.08, 11:27 AM Flag

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in ny you need grounds and there are for ways to get it. 1)infidelity 2) physical abandonment for atleast 1 year 3)separation for 1 year and 4)constructive abandonment (which means you and dh have not had sex for 1+ year. [ Reply | More

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General Topics 07.25.08, 11:36 AM Flag

There is also a grounds based on "cruel and inhumane treatment" (which includes verbal/emotional abuse) [ Reply | More

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General Topics 07.25.08, 11:43 AM Flag

Yes, there is friend filed on this ground & it was really hard to prove - judge denied it the first time - finally, after over a year she was granted a divorce - it helps if you have a lot of money [ Reply | More

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General Topics 07.25.08, 12:08 PM Flag

Of the fault-based grounds, it's generally the easiest to plead. (The separation grounds is easier, but that generally requires the cooperation of your spouse.) But OP's situation shows why a lot of people have a problem with the fault-based system and think it is harmful to women. [ Reply | More

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General Topics 07.25.08, 12:18 PM Flag

It was not so easy for my friend. She was told many times that physical abuse is much easier to prove. Often, with emotional abuse it is one persons word against another & emotional abusers often seem like the most polite & upright citizens in public. [ Reply | More

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General Topics 07.25.08, 12:30 PM Flag

np: If she refuses him for a year but he wants it, does that meet #4? [ Reply | More

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General Topics 07.25.08, 11:51 AM Flag

yes, but he'd have to be the one seeking the divorce [ Reply | More

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General Topics 07.25.08, 11:53 AM Flag

so you can't say no and use #4 [ Reply | More

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General Topics 07.25.08, 11:56 AM Flag

^^^ooops, thanks. [ Reply | More

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General Topics 07.25.08, 11:56 AM Flag

no you cant. [ Reply | More

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General Topics 07.25.08, 12:06 PM Flag