Full question:
What if my husband strays and he impregnates another woman. Do I lose my home to him and his child and the woman as I do not have children?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: New York
Answer:
If a husband becomes to a father to another woman's child, he may be held responsible by that woman to pay child support for the child. The paternity of the child would have be established.
The wife may decide to divorce the husband on the grounds of adultery. New York has six grounds for divorce. Four of the "grounds" are based on the "fault" of one of the parties cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, and adultery. The other grounds one year of living apart under a separation judgment granted by a Court, or under a separation agreement signed by the parties, enable us to obtain a "no-fault" divorce, in which neither spouse is judged to be at fault, provided that the spouse seeking the divorce has substantially complied with the provisions of the judgment or agreement.
The 6 grounds for divorce in New York are:
1. Cruel and inhuman treatment: "Cruel and inhuman treatment" by your spouse. This means that your physical or mental health is in danger if you continue living together. However, if the abusive treatment happened more than 5 years ago, you cannot divorce for this reason if your spouse objects.
2. Abandonment: Your spouse "abandons" you for at least a year. This means that your spouse has left you, or kicked you out, and does not intend to return.
3. Imprisonment: If your spouse goes to jail for three or more years. However, if your spouse was released more than 5 years ago, you cannot divorce for this reason.
4. Adultery: Your spouse commits adultery. However, this is not a reason for divorce if you do any of the following: encourage your spouse to commit adultery, forgive your spouse by having sexual relations with them after you discover the adultery, or commit adultery yourself. You also cannot divorce because of adultery if it has been more than 5 years since you discovered the adultery. You cannot testify yourself to prove adultery, so you must have a witness who can testify.
5. Judgment of Separation: You and your spouse have not lived together because of a "Decree of Separation" or "Judgment of Separation", given by the Court, for at least one year. You must obey all the conditions of the decree or judgment. It is unusual to have a Judgment of Separation because it requires similar proof to that needed for a divorce. Most people skip the Judgment and go directly to divorce.
6. Separation Agreement: You and your spouse have not lived together because of a written "Agreement of Separation" for at least one year. Both you and your spouse must sign this agreement before a notary. You must obey all the conditions of the agreement.
In New York, property is divided equitably. This means that the court divides the property as fairly as it thinks is possible. Usually the property is divided 50/50, although this does not have to happen.
It is possible that the court will deem it equitable for the marital home to be given to one of the spouses or even sold with the proceeds divided.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
