If my spouse has adrug addiction of which I was not aware when we got married, can I file for an anullment or divorce?

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If my spouse has adrug addiction of which I was not aware when we got married, can I file for an anullment or divorce?

I have suffered from emotional abuse which has had impact on my health. We have a 13-year-old daughter who I fear may be exposed to his “hobby”. After 6 years of dealing with this situation, I need to know what my options are. We haven’t had sex for years; we sleep in separate rooms. Mydaughter sleeps with me. My husband refuses to acknowledge that he has a problem.

Asked on July 21, 2011 New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation and you are very smart to fear that your child's exposure to his addiction could lead to her addiction as well.  New York has recently come in to the future by passing an amendment to the divorce laws and allowing no-fault divorces.  That means that you can file for divorce which can be granted within a period of six months after declaring that their marriage is “irretrievably” broken down.  This is assuming, of course, that the divorce is uncontested. The issue of child custody and support will have to be addressed as well.  Please seek legal help here with all of this.  If your husband contests you have constructive abandonment (no sex) as an option plus leverage because of the addiction.  Good luck.


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