Family Law Questions? Ask a Family Lawyer Online.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).