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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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