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:
- State: New York
Answer:
In New York, a husband or wife may opt for a divorce on several grounds. Cruel and inhuman treatment from any one of the spouse that affects the physical and mental wellbeing of the other spouse is a ground for divorce. This provision has been enumerated in NY CLS Dom Rel § 170, which reads as follows:An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds:
(1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental wellbeing of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.
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