Q: My husband and I have lived apart since we got married. He lives in MD and I live in NY. He provides no monetary support, conversely, I have shelled out thousands of dollars over the course of the marriage. I haven’t seen him physically since May 2022 when he visited for his birthday. We do not have conjugal relations, frankly, the marriage was NEVER consummated. I am being emotionally and financially abused and I want this marriage terminated. I am afraid that if I say to him that I want a divorce he may become violent towards me. He has NEVER raised a hand to me but he has been verbally and emotionally abusive. I am in the process of legalizing his status in the United States, so he will never willingly sign a divorce agreement. Do I have grounds for divorce or even an annulment?
A: Under NY law, the only grounds you need to satisfy are “irretrievable breakdown of the marriage.” This is a subjective assessment – thus, if you do not wish to be married any longer, then you may proceed to file for divorce on those grounds. Schedule a consult with a White Plains Divorce Attorney for a full assessment.