Can my husband file for divorce against me if he doens't meet the grounds? I don't want the divorce. (NY specific)
[THIS ONLY APPLIES TO NY LAW]
Thank you for reaching out to us. If there are no grounds, often times the parties will agree to write up a legal separation agreement, which becomes a ground for divorce 1 year after it is filed. However, if you object to the divorce and separation, he could not do an agreement since this would have to be signed by both parties. There is a way for someone who doesn’t have grounds to file in court to ask the judge to issue a decree (judgment) or separation but I believe that he woudl have to have certain grounds for that - I believe that one ground is if you failed to support him financially and the court felt you had a duty to do so. I don’t know much about other grounds for this judgment of separation since it is very rarely done. Talking to a NY divorce lawyer would be the best way to find out more about this.Here is a link for free and paid lawyers:http://www.womenslaw.org/gethelp_state_type.php?type_name=Finding%20a%20…
Often times, people use divorce grounds that aren’t exactly true but both parties agree to them since they both want the divorce and since in the end, the grounds don’t really mean anything. If you don’t want the divorce, you can ask for a trial on the grounds and fight against the divorce being issued. You even have the right to a jury trial on the grounds for divorce (but not on the rest of the divorce – only a judge decides that). If you win and prove there are no grounds, his divorce petition would be dropped. However, staying married to someone who doesn’t want to be married to you seems like it may have its own negative effects on you down the road (i.e., your inability to marry someone else).