Q: I have recently moved from NJ to NY with my wife. While the marriage has been deteriorating, it has recently taken a turn for the worse and I want to divorce as quickly as possible.
We have no children and do not own a home, so it should be relatively hassle free, but she refuses to get a divorce or even a separation. Often when I try to walk away from an argument, she will stand in front of my car, get in the bed of my truck, threaten to cancel my debit and credit card if I leave, etc.
I am trying to get out of this situation as quickly as possible, but I am unsure if I can file for divorce in NJ where we lived for three years or if I have to wait until I can file in NY.
Also, what is the process when she refuses to sign papers?
A: David’s Answer: There’s nothing requiring you to remain living with her. That said, at the least you both need to be NY residents and the “cause of action” arose in NY – which usually means your marriage has “irretrievably broken down” in NY for more than 6 months. Schedule a consult with a Westchester Divorce attorney for a full assessment.