Legal Question in Family Law in New York
NY Seperation/Divorce
If you file for seperation does that automatically turn into a divorce once the year is up? What is the procedure? If you file for seperation and one party moves out of state and resides tehre for the year can they file in another state for divorce?
Asked on 11/14/07, 2:53 pm
2 Answers from Attorneys
Kristen Browde
Browde Law, P.C.
Re: NY Seperation/Divorce
It is not automatic, but requires a separate action.
Answered on 11/14/07, 3:42 pm
Debra Palazzo
Law Offices of Debra Palazzo, LLC
Re: NY Seperation/Divorce
After 1 year, either one of you can file uncontested divorce papers based on living apart pursuant to the legal separation.
During that year, either one of you can decide to file for divorce on grounds/fault instead.
All states have a specific residency requirement before you can file for divorce in their state.
Answered on 11/14/07, 10:30 pm
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