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[DCX]

I have a question. If you are looking to get a divorce, and enter a legal seperation ( NY laws sare fucked the safe way to get a divorce is live seperate for a year to file ) if any parties begins dating/relationship/sex could the other party claim adultery and file for divorce under those terms? I doubt it...but just asking.

DCX

 

[Kabuki Waq]

she is gonna take you to the cleaners isnt she?

 

[DCX]

she is gonna take you to the cleaners isnt she?

:lol No it's not me...i know it sound extremely cliche....a friend of mine is worried about this fact....she wants to do it right and not be labeled Scarlet Letter style if she dated someone during the seperation. Thinking about this though, legally i doubt any agreement could stop people from dating for an entire year before a divorce...it just sounds wrong. I just want to make sure, i have tried looking for info on this and it seems like a specific question.

DCX

 

[DCX]

I need to have some info before 2, i go to work....someone help me out here....i'm sure those overnight EverQuest games have gotten someone divorced here!! :lol

DCX

 

[KilledByBill]

I've learned a bit about NJ practice but I was told NY is pretty similar.
You might have a tough time claiming adultry after a seperation, unless you had reason to suspect it was going on prior to the seperation and was just now brought into the open.

You would probably be better off claiming extreme mental cruelty and using the suspected adultry to support that (then you don't have to prove it, just give a legit reason why you suspected it, that's how it works in NJ).

It might also make a difference where the relationship is taking place, did the other party bring their new partner into the martial home?

EDIT The new info makes a world of difference, you're friend should be okay. But why is she waiting for the full year seperation, that'll be more of a hassel down the road (especially when sperating their assets). She should file a complaint on extreme mental cruety gorunds and get it over with in 3 months or so.

 

[Kabuki Waq]

oh shit now i remember........you posted about banging some married woman. Man oh man. :lol so you getting her to leave the husband eh? well thing is since she is the one who cheated and unless she can prove the husband beat her or something she might be taken to the cleaners. Or atleast thats what movies tell me.

 

[DCX]

oh shit now i remember........you posted about banging some married woman. Man oh man. :lol so you getting her to leave the husband eh? well thing is since she is the one who cheated and unless she can prove the husband beat her or something she might be taken to the cleaners. Or atleast thats what movies tell me.

:lol Yeah i did post that, but this is an entirely different situation, different person. I'm not really involved.

DCX

 

[DCX]

I've learned a bit about NJ practice but I was told NY is pretty similar.
You might have a tough time claiming adultry after a seperation, unless you had reason to suspect it was going on prior to the seperation and was just now brought into the open.

You would probably be better off claiming extreme mental cruelty and using the suspected adultry to support that (then you don't have to prove it, just give a legit reason why you suspected it, that's how it works in NJ).

It might also make a difference where the relationship is taking place, did the other party bring their new partner into the martial home?

EDIT The new info makes a world of difference, you're friend should be okay. But why is she waiting for the full year seperation, that'll be more of a hassel down the road (especially when sperating their assets). She should file a complaint on extreme mental cruety gorunds and get it over with in 3 months or so.

It's not the same situation, this situation is more of she has been controlled, in just about every aspect of the marriage...she feels more of a slave/pawn in his life...there has been abuse...she is just worried that if she dated someone ( could be me that she doesn't get hosed by him claiming adultery seeing as how they would still be legally married. I'm not sure if she is aware of the extreme metal cruelty grounds, i will bring that to her attention...

DCX

 

[KilledByBill]

Here's something:

http://www.divorcelawinfo.com/states/ny/nyintrod.html

Grounds for Divorce

Finally, you must satisfy one of the grounds for divorce set forth in Domestic Relations Law §170.



There are six grounds for divorce in New York. In order to prevail in an action for divorce, certain elements must be proved. Failure to prove the elements required for a divorce results in the action being dismissed.

The six grounds are as follows:

1. The cruel and inhuman treatment of plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.

There is no precise definition of the type on conduct that warrants a court in granting a divorce based on cruel and inhuman treatment. Each case is decided on its own facts. Verbal abuse, as well as physical abuse, can constitute cruelty provided the conduct is such that it renders it unsafe or improper for the parties to cohabit. In the case of Brady v. Brady, 64 NY2d 339 (1985), the Court of Appeals said that in a marriage of long duration a high degree of proof is needed to dissolve a marriage on the grounds of cruel and inhuman treatment.

 

[DCX]

Thanks for the info....it doesn't answer her question but it gives her an imediate option instead. Who knows if she goes down that road...you know, implicating. She wants this to go down as smooth as possible with no one pointing fingers which is why she is worried if they were seperated and she dates that he will "point " the finger. I'm armed with some knowledge now and this will help her make a decision.

DCX