Legal Question in Family Law in New York

Do I still need to have a legal separation if I haven't lived in the same residence as my estranged spouse in 2-1/2yrs?


Asked on 3/22/10, 2:59 pm

2 Answers from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

No, you can claim abandonment if your spouse voluntarily left the marital home in 2008.

Patricia Martin-Gibbons

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Answered on 3/27/10, 3:19 pm
Kristen Browde Browde Law, P.C.

The previous answer goes too far in my view.

If you want a divorce based on conversion of a separation agreement you must be legally separated. Simply living apart is not enough.

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Answered on 3/27/10, 4:44 pm


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