A wife looking to divorce was denied the ability to use the divorce ground’s as irretrievable breakdown because a New York Court held her to a binding contract, as reported in a July 20th, 2012 New York Law Journal article.
According to the article a wife seeking a divorce was denied the grounds because she had previously entered into a separation agreement with her husband. In the agreement the couple agreed to live separate for a period of two years while they work on their marriage. However, the wife sought the divorce and argued that the agreement should be terminated because her husband had violated numerous other conditions under the arrangement.
After reviewing the circumstances the court ruled that the woman would be allowed to file for a divorce but that they did not have the authority to discuss the violations of the agreement. The court ruled that the woman may refile for divorce but could not use irretrievable breakdown for a period of at least six months because the separation agreement still prevented that.
If you are seeking divorce or child custody it is advisable to retain the expertise of an experienced attorney. Jayson Lutzky has over 29 years of experience practicing law and understands the importance of understanding new legal developments. He offers free initial consultationsâ€”to set one up, please call his office at (800) 660-5299 or visitÂ www.MyNewYorkCityLawyer.com.