Is Heroin Addiction grounds for legal separation or divorce in NY state?

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Is Heroin Addiction grounds for legal separation or divorce in NY state?

My daughter just found out that her husband is a Heroin Addict. Can she file a
Restraining Order and is this grounds for separation or divorce? She is trying to
protect herself financially. He has not contributed at all to household bills and she
has been married less than 3 years. Very concerned about him running up debt
Thank you for your assistance

Asked on May 14, 2016 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

New York is a no-fault divorce state: you can divorce for any reason. Even if it weren't, drug addiction would be valid grounds for a divorce. So there is no doubt but that she can divorce him.
She probably cannot get a restraining order against him unless there is some reasons to think he poses a physical threat (restraining orders are only for physical threats/danger)--if there is, though (e.g. has been violent or made credible threats), she can.
There may also be things she can and should do to protect her income, assets, and credit, while the divorce is pending. These vary by the specific facts and situation; your daughter should consult with a divorce law attorney right away to both start the divorce and also to see what steps she can take in the meantime, to protect her interests.


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