Legal Question in Family Law in New York

Re: divorce

Yes, you need to be legally separated for one year before you can file a "no fault" divorce.

Your grounds are having lived separately for 1 year pursuant to a separation agreement.

However, you can divorce sooner if 1 of you admits/consents to grounds.

Re: divorce

There is no such thing as no fault divorce in New York. When you say you have "physical placement" and joint custody, it's unclear whether that is pursuant to some form of court order.

You should discuss specifics of your situation with a qualified matrimionial attorney in your area.

Re: divorce

Although your wording is wrong I think I understand your question.

You can commence an action for a divorce in New York without legally being separated. The grounds for the divorce is abandonment. If the husband consents on the grounds, the divorce would be deemed uncontested.

Mike.