What to do if my husband has filed for divorce citing irreconcilible differences but the real reason is because he is in a relationship with another woman?

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What to do if my husband has filed for divorce citing irreconcilible differences but the real reason is because he is in a relationship with another woman?

It has been 2 years since we have been separated. Does it matter what the reason is or should I contest it?

Asked on September 30, 2012 under Family Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It really depends on whether or not it will really affect the outcome of anything.  Irreconcilible differences really is a generic term for "I've moved on."  If you've both moved on and you have your stuff and he has his stuff which makes division of property faily easy, then it really doesn't matter why the marriage ended-- just that it has. 

However, if there are unresolved property issues-- like he has funded a large new home for new girlfriend while making you scrap to take care of the kids on your own, then the real reason for the end of the marriage could have an impact on the divison of property, assets, or cash on hand in either party's account.  If there is a need to contest something major like this, then yes, you may want to file a counter-claim and as the court to take into consideration the real reason when deciding how to divide the marital estate.


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