Wednesday, November 14, 2012
Q: I am in divorce procedure, everything else is agreed by both party. The only disagreement is that I want to use relationship breakdown as grounds and my wife want to use inhuman treatment as grounds to help herself get green card. I don't want to accept her proposed ground but also want to get the divorce done asap. Is there any way that I don't need to admit her proposed grounds but still get the divorce done? Such as not admit not deny
David Bliven’s answer: You would not need to admit to her grounds. Your option is to execute an affidavit withdrawing your grounds & acknowledging that she will proceed on her grounds. You may always add in a statement (if it makes you feel better) that you're neither admitting nor denying same. If a judgment is entered to that effect, there will still be a court finding on the cruel & inhuman treatment grounds. That said, if you have no children together and she's not seeking a protective order, there seems to me little risk.