Divorce Grounds

Can I use the grounds of inhumane treatment to file for divorce in New York?

I am no longer with my husband and he moved out of the country. My husband use to beat me up and choke me. I never filed a police report on him when he did all this. I could get in contact with him to sign the papers but he won't sign if I use the grounds that he hit me. Could I still get the divorce done without his signature?

Public Comments

1. yes you can get a divorce without his signature, get a lawyer
2. Ni
3. The main thing is to get rid of him anyway you can.
4. Cruel and inhuman treatment in New York: Cruel and inhuman treatment must be behavior by the defendant that rises to the level such that it makes it improper for the plaintiff to continue to reside with the defendant as husband and wife. Allegations under this ground include allegations of domestic violence and repeated, extreme mental cruelty. In New York, the longer the duration of the marriage the more severe the level of cruelty must be in order to establish grounds under cruel and inhuman treatment. The cause of action for divorce in New York state (accusations against the defendant by the plaintiff that are grounds for divorce) are limited to: Cruel and inhuman treatment (Domestic Relations Law §170.1) Abandonment for a continuous period of one year or more (DRL §170.2) Imprisonment for more than three years subsequent to the marriage (DRL §170.3) Adultery (DRL §170.4) Conversion of a separation judgment (DRL §170.5) Conversion of a written and acknowledged separation agreement after living separate and apart for more than one year (DRL §170.6) One or more of these grounds for divorce must be used if one party to the marriage wants a divorce. The parties can also disagree over child support, custody, alimony, division of joint assets or who is going to pay legal fees. These are known as "ancillary relief" (see below) that are requested by one or both of the parties. All divorces, even by uncontested consent, must be a based on one of the six grounds stated above. The grounds do not include accusations of bad conduct against the plaintiff unless such bad conduct rises to the level of cruel and inhuman treatment. In New York none of the following are grounds for divorce: Irreconcilable differences Incompatibility No-fault Mutual consent No communication Litigants, attorneys, and judges have expressed frustration at the continued failure of the New York legislature to implement no-fault divorce. New York is the only jurisdiction in the United States that does not offer a no-fault basis for divorce. The ground that comes closest to no-fault is DRL 170.5, which requires that the parties live separate and apart for a minimum period of one year after the execution of a separation agreement.