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Can I pursue divorce in New York due to my wife's accusations?

Can I pursue divorce in New York due to my wife's accusations?

Full question:

My wife and I reside in New York. I want to opt for a divorce as my wife is always making unfounded and unjust accusations against me and fails to perform her marital duties and obligations. Her conduct has caused me lose my appetite, sleeplessness and this has also adversely affected my concentration in doing my duties in the office. Does the law in New York permit me to pursue divorce?

Category: Divorce
Subcategory: Grounds
Date: 04/07/2025
State: New York

Answer:

In New York, a spouse can file for divorce on various grounds, including cruel and inhuman treatment. This refers to behavior that endangers the physical or mental well-being of the other spouse, making it unsafe or improper to live together. According to NY CLS Dom Rel § 170, a spouse may seek a divorce if the other spouse's actions have a significant negative impact on their health and safety.

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.

FAQs

What is walkaway wife syndrome?

Walkaway wife syndrome refers to a situation where one spouse, often the wife, decides to leave the marriage without prior warning or discussion. This can happen due to feelings of neglect, dissatisfaction, or emotional distance. In some cases, the spouse may feel that their needs are not being met, leading to a decision to walk away from the relationship. It's important to communicate openly in a marriage to avoid such scenarios.

What to do if you want to leave your wife?

If you want to leave your wife, start by considering your reasons and discussing them with her if possible. It may be helpful to seek counseling or mediation to address any unresolved issues. If you decide to proceed with divorce, consult a family law attorney to understand your rights and obligations, especially regarding property division and child custody, if applicable.

Can a spouse refuse to divorce in New York?

In New York, one spouse cannot prevent the other from filing for divorce. If one spouse wants a divorce, they can initiate the process regardless of the other spouse's wishes. However, the divorce process may involve negotiations on issues like property division and custody. It's advisable to consult a lawyer to navigate these matters effectively.

How do I leave my wife and not lose everything?

To leave your wife without losing everything, consider consulting a family law attorney to understand your rights regarding property division and assets. Document your finances and contributions to the marriage. Negotiating a fair settlement through mediation can also help protect your interests. Avoid making impulsive decisions that could negatively impact your financial situation.

How to leave your wife without losing everything?

To leave your wife without losing everything, it's crucial to plan carefully. Consult a family law attorney to understand your rights and the division of assets. Make sure to gather financial documents and assess your shared property. Consider mediation to reach a fair agreement. This approach can help minimize conflict and protect your financial interests during the divorce process.