Legal Question in Family Law in New York

Divorce with no seperation agreement

My husband and I got married in Washington state in September of 2004 and I moved to Ohio with him. I left him shortly after in October of 2004 and moved to New York City (things were not great at all once I moved to Ohio). We have now been seperated for almost 2 yrs to the day and I am now ready to file for divorce. I was reading New York grounds and laws for divorce and everywhere I look it says something about having a seperation agreement. My husband and I never had an agreement..it was urgent that I got out of his house and me and him could not see eye to eye on anything (thats partially why I left). Am I not able to get a divorce in New York until we have a seperation agreement? I can get notorized statements from witnesses that I have been apart from him for 2 yrs. What can I do? I want this divorce!


Asked on 9/11/06, 8:46 am

1 Answer from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Divorce with no seperation agreement

You do not need a separation agreement for a divorce in NY. However, you need other grounds and to meet the NY residency requirements.

It sounds like you may have grounds under cruel and inhuman treatment.

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Answered on 9/11/06, 9:51 am


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