Legal Question in Family Law in New York

NYS and Filing for Separation

My husband and I are trying to work on some marital problems. I am very skeptical

and am leaning towards divorce as I do not think we are going to be able to reconcile.

We do have a very young baby and we do get along so we would have to live together

for a little longer until we make some decisions. My question is, I know that NYS is a no-fault state and that we have to be seperated for one year before a divorce can be granted. If I were to file now for separation, are there any legal or financial implications if we do come out of this and rescind? My reason for filing for separation now, is to get the clock going so that if we decide in a few months that we wont work

than we havent wasted anymore time... Thanks in advance


Asked on 11/28/06, 4:01 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Re: NYS and Filing for Separation

First, a correction. New York is NOT a no fault state - it's the only state in the union in which grounds are still required for a divorce.

To your point: no, there is no problem created, either legally or tax-wise, by a subsequent cancellation of a separation. And, if you're thinking that a divorce is in your future, there may be some solid reasons to move ahead now, not the least of them being to ensure support for you and your child.

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Answered on 11/28/06, 4:20 pm


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