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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117358
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I filed in NY on the grounds of cruel &

Customer Question

Hello: I filed for divorce in NY on the grounds of cruel & inhuman treatment. I left my husband after 6 weeks of marriage. My husband was physically, emotionally, sexually, and financially abusive toward me. There are criminal misdemeanor assault charges pending against my husband for the physical/domestic violence abuse. (We are in NY IDV court.) My attorney wants me to change my divorce grounds to abandonment in order to settle with my husband. Can I even legally do this since we were not married for at least 6 months? Should I do it? Doesn’t it make me appear like I liar (when he did, in fact, abuse me)? If I change the grounds to abandonment, won’t the criminal charges likely be dismissed?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You do not have to change your grounds for divorce, but abandonment is not lying either. The conduct of your husband has caused emotional abandonment, so it is not lying. Changing the cause for the divorce to abandonment has no bearing on the criminal charges either, it is a choice for you and your attorney to make and if your attorney is advising they can end the divorce case and get you away from your husband.
The changing the divorce grounds does not change the fact he committed a crime against you and would not lead to the charges being dismissed.

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