Good morning, I'm sorry to hear of the situation. First of all, thank you for your service to our country! While you may well qualify to file for divorce in NY based on you being stationed there, you still must abide by the NY grounds for divorce, and if you seek a no-fault---irretrievable breakdown of the marriage--- divorce---in other words you cannot sue based on adultery, abandonment or some other fault ground---you still must be separated for at least 6 months under NY law before you may file. As for the spousal support that you will be obligated to pay---if the marriage has been short---less than 10 years---if support is ordered at all by the court, it will likely be no more than 20% to 25% of your gross wages in the military including payment of base pay, housing and rations. She seems to be asking for a whole lot more than she will be entitled to---and unless you just want it ended---you'd be foolhardy to simply give in. You would be much better served by retaining a local family law attorney to assist you in preparing and negotiating the separation settlement agreement. I wish you the best in 2012. I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. Thanks Again, Doug
If she claims she's caught me in my house with another woman what bearing would that have on this divorce?
If she could prove it other then divorce is there any other legal actions that can be taken against me?
For instance could she use adultery as a means to force me to support her for an extended period of time?
That is true----but your spouse can always challenge that assertion. The law does, however, ONLY require the breakdown to have been in full swing for 6 months. If the assertion is not rebutted, then it will be accepted by the court.
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