Legal Question in Family Law in New York
Legal Separation
My husband and I would like a legal separation but the problem is until Spring neither of us can afford to move out. Can we get a separation if we are sharing expenses in our marital residence?
Asked on 3/24/08, 8:24 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: Legal Separation
This is very common. Constructive abandonment is when a couple does not have sexual relations for 1 year. It is deemed abandonment under the statute even if the parties live together. So the answer is yes, you can get a separation (or divorce) even if you and your husband are living together.
Mike.
Answered on 3/25/08, 7:53 am
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