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Go Figure ? Samurai Sword Attack Insufficient Grounds for Divorce, But Mere Abandonment Works

By Janet Langjahr

Long Island Husband and Wife are married for thirty years.

It’s not the best of marriages.

Wife allegedly threatens Husband with a three foot long samurai sword near his chest.

Husband claims to have had to lock himself in his room overnight for safety.

Later, Wife moves to another state to start a business.

Husband files for divorce.

New York still requires fault-based grounds for divorce, unless the spouses legally separate for a year under a settlement agreement.

Husband asserts cruel and inhuman treatment by Wife as his grounds, citing the samurai sword incident.

Trial court doesn’t buy Husband’s grounds, because Husband wasn’t hurt, didn’t go to the hospital and didn’t call the police. And because Husband holds a black belt in karate…

All is not lost however.

Trial court finds that the ground of abandonment is met, by Wife’s relocation out of state.

Husband and Wife are successfully divorced.

But Wife may appeal.

Read more in this New York Daily News article: Family court judge says Samurai sword attack not grounds for divorce.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on April 27, 2010 (boomark / email).