Legal Question in Family Law in New York

Re: not a legal separation

You can file for a divorce now, and list abondonment as the reason for the divorce if you or your spouse walked away from the marriage. You can also list whatever the reason was that made you and your spouse separate as the cause for the divorce. If you and your spouse separated due to adultery, cruel and inhumane treatment, or inprisonment (some reasons for divorce in NY) then you can just list these reasons as the cause for your action for divorce.

Charles A. Whittier, Esq.

Re: not a legal separation

You can get a divorce right away with relatively little trouble. If you both truly want a divorce you can file for an uncontested divorce in New York State. It would go much more smoothly if you hired an attorney and had them file the paperwork. Contact an attorney in your area.

If you wish to have a free consultation or have any other questions, please contact me at [email protected] or 516/746/4747.

Joel R. Salinger

Re: not a legal separation

You do not need to divorce based on separation. There are other grounds which you could stipulate to or otherwise employ as grounds for a quicker way. Feel free to call my office to schedule a consultation.

Re: not a legal separation

There is no provision under New York law for a common law separation. However, there are other ways to handle the issue of the waiting period, particularly given the facts you've outlined. You should consult a qualified divorce attorney in your area.