Legal Question in Family Law in New York

divorce in NY state

been seperated for well over 2 years. have documentation to prove this (bills at my new residence). have also been paying bills for wife at the residence i left. we are both in agreement that it is time for a divorce and neither of us feel a need for a ''legal'' seperation period. we have both moved on and have other people in our lives. there are no children involved. there are no battles over who gets what, since it has been so long we each have what we have. is there a way to get a divorce now, instead of having to go through the 1 year of legal seperation since we have been apart for well over 2 years now? any help would be appreciated and also the name of a trusted local lawyer would be great! upstate ny, selkirk or castleton area. thanks again.


Asked on 9/30/07, 7:29 pm

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: divorce in NY state

As long as you and wife are in total agreement you can get an uncontested divorce. Once final papers are submitted, you can be divorced in about 6 wks.

However, New York is a "fault" state so one of you will have to file a complaint against the other. The other can complete an affidavit admitting service, stating they do not intend to Answer and waiving the waiting period. You will not have to appear in court.

I would be gald to give you more info.

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Answered on 9/30/07, 7:47 pm
Kristen Browde Browde Law, P.C.

Re: divorce in NY state

If you are both in agreement, I'd be happy to prepare the papers for you - and there is no need to delay for a year. Again, assuming agreement, your papers can be filed within a matter of days.

Please feel free to get in touch.

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Answered on 9/30/07, 8:10 pm


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