Legal Question in Family Law in New York
Legal seperation
My husband moved out 3 weeks ago. His sister is a lawyer and he sent uncontested Divorce papers to her to fill out, Do we need to be seperated first?
3 Answers from Attorneys
Re: Legal seperation
Abandonment takes 1 year. There are a number of ways to be abandonded. You can have actual abandonment through one spouse moving out or constructive abandonment when one spouse refuses to have sex with the other. Both situations need to exsist for at least one year. Further the abandoning spouse does not have a cause of action. The case must be brought by the spouse who was abandonded.
Re: Legal seperation
If he moved out three weeks ago, but the two of you did not have sex for a year prior to the commencement of the action, there is grounds for constructive abandonment. HOwever, if there are no other issues then you may not want to contest the divorce just because there was no actual or constructive abandonment for one year.
Re: Legal seperation
No. Parties to a marriage do not need to be "Separated," in NY, before their Divorce Action can be commenced (or even finalized).
Suggest that You IMMEDIATELY, personally consult with and retain your own attorney.
Good luck,
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