Legal Question in Family Law in New York

Re: Grounds for separation

Q. I would like to know if my husband can move out and that be enough for grounds for separation.

A. Normally, the grounds for abandonment is with the spouse that was abandoned, not the spouse that left.

Q. I understand that after one year he can file for divorce, but do I have to sign separation papers?

A. No. You do not have to sign any documents, although it is easier to obtain an uncontested divorce if you appear and consent.

Mike.

Re: Grounds for separation

In NY, grounds for divorce on the basis of separation require that the parties be separated for one year pursuant to a written agreement. So, if you do not sign "separation papers", it cannot be grounds for divorce, even after one year. Feel free to call me at 212-367-9167 if you wish to discuss this further. I do not charge a fee for the initial consultation.

Re: Grounds for separation

Divorce law in NY is different from the 'no-fault' states. He is required to have a legally sufficient reason for divorce. Him moving out is not. If you sign a separation, then the separation can support the action for divorce.

However, since he moved out, you are legally abandoned and YOU may file for divorce.

In practical terms, it does not confer an advantage to be the party who files first. The division of property, custody, and all other things come out the same. The party who files is just the one to hire a lawyer first and pay the 210.00 dollar index fee to the court.

If you want to continue with the divorce, sign the separation after consulting with a lawyer on the contents of the document. If you wish to fight the divorce, don't sign it. But the divorce will happen eventually anyway. Its hard, but that is the truth.

The best thing you can do is invest in your friends and loved ones for their support in this difficult time. Don't deny yourself that, they are your friends and want to be there for you.

You are welcome to a consultation at my offices at 42 West 44th Street for no fee. Please call for an appointment first; (646) 591-5786.

Re: Grounds for separation

There are two grounds for divorce #1 a divorce based upon a separation agreement which becomes a divorce decree after 1 year or#2 abandonment of one party by the other with the intention of never returning.For further info you may contact my office @718-834-0087.