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cruel and inhuman treatment of the plaintiff by the defendant
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Posted by: Knight_Kadosh

I need a favor, please!

One of Lena’s friends just got her documents regarding her fiancé in New York. She is worried because on the divorce decree, or judgment of divorce, it states that the reason for the divorce was for cruel and inhuman treatment of the plaintiff by the defendant, he is the defendant. This appears to be very serious misconduct, to say the least. He claimed that he divorced his wife. Is there any other reason why someone would file for a judgment of this type, besides the obvious? Would I be correct in assuming that there is additional documentation, going into greater detail, to support a judgment of this type? I am unfamiliar with New York state divorce laws. Lena’s friend is asking for my/our help, she is ready to stop the visa process, can’t say I blame her. I am in a delicate situation and I fear my inexperience with New York divorce laws leaves me inadequately prepared to offer good sound advice. How do we help her, one way or the other? Oddly enough he never mentioned this to her in all the time they spent together. She is pleading with me to do a background check on this man. They are also using a lawyer, I told her to ask the lawyer about it, she fears it may be a conflict of interest since the lawyer represents her fiancé, the petitioner. Thank you for your help and information regarding her well founded concerns. So what do you think? Is this judgment against him as self-evident as it appears?

Sincerely,

Brian

Posted by: Jim_FL

I would ask these questions to a "clerk of court" anywhere in New York State, they can aswer them (but will NOT go into the realm of legal advice ever). Just do a search of "clerk of court" and "New York" and you should get a bunch of gov't websites with phone #s

You could also do a white pages search of the ex-wife and possibly get it from the horses mouth.......

Posted by: Khashyar

Hi Brian...

Jim gives a good suggetion...

I certainly would be concerned about "cruel and inhuman treatment" being written as a reason for her fiance's divorce, and would want to understand what that means before marrying her fiance... (although there is a possibility that his ex-wife wrote that as her reason for divorce, and it may not be accurate, but I would certainly want to understand the validity of this before marrying him)...

If I were her, I would ask him what that meant, as well as ask whether he could speak about what happened in his marriage...

I think it's an important issue for her to understand before getting married...

Khashyar

Posted by: Dennis/Natasha

I certainly would be concerned about "cruel and inhuman treatment" being written as a reason for her fiance's divorce too. VERY

Posted by: Khashyar

Yes, Dennis...

Before getting married, I would understand the circumstances whereby my fiance's ex-wife wrote this as a reason for divorce...

Khashyar

Posted by: bdoug71

Ok I should say I just went through my divorce while living in NY. My ex-wife though decided to file the divorce in Oregon. But to make this brief there is no such thing as a no fault divorce. You have to divorce for a reason. I was waiting a year so I could do abondonment if she had not filed first. Cruel and inhuman treatment would be something to the affect of physical or mental abuse. It may not even be something that was justified but that is what was picked so they would not have to go through a one year seperation. New York is a weird state. Like I said for mine I had to wait a year before I could file any paper work but she was able to go to Oregon and file a divorce there and just site incompatabilities. I would look into the Cruel and Inhuman treatment but it probably was to get the divorce without waiting a year. Just my thoughts.

Bruce D

So long and thanks for all the Fish

Found this at http://www.divorcenystyle.com/Glossary.html#C

Cruel and inhuman treatment: As ground for divorce, it consists in the unwarranted and unjustifiable conduct on the part of the Defendant, causing the other spouse to endure suffering and distress, thereby destroying the peace of mind and making living with such spouse unbearable, completely destroying the real purpose and object of matrimony.

Posted by: Knight_Kadosh

Here in Pennsylvania we call those irreconcilable differences, i.e. considered fault or No-fault, better known as mutual consent divorce.

http://www.padivorceonline.com/papa...irements.asp#8\

Thanks for the heads up on this possible alternative view.

Posted by: Knight_Kadosh

Not much of a choice here, and I see that there really are limited reasons for a quick settlement, financial reasons could prohibit the couple from being able to afford separate residences for the required one year period, without the assets first being split up. You only have two choices, adultery causes one party to be entitled to more assets and is very difficult to prove, you really only have one fair choice if your finances are limited and you want fair settlement of assets.

http://www.know-law-now.com/Divorce/NY_divorce.htm