Legal Question in Family Law in New York
legally separated?
I have been living at another address from my husband for almost a year...can I file for a no-fault divorce? We never had anything notorized or ordered by the courts. Basically, does me changing my legal address constitute legal separation? I know that New York requires 1 year separated before a divorce can be granted. I don't want to wait another year to file.
Thank you.
2 Answers from Attorneys
Re: legally separated?
New York doesn't have No-Fault divorce.
You are not legally separated. However, if you both want the divorce you can file for an uncontested divorce. One of you needs to bring a claim (fault)against the other and the other either consents or doesn't answer the complaint.
Re: legally separated?
Whoeevermoved out of the marital home may have given the other grounds for a divorce if they moved without the other's permission, however to undergo an uncontested, not no-fault, divorce in New York, both spouses have to agree to go that route. Otherwise, fault must be estgablished in order to get a judgment of divorce.
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