Legal Question in Family Law in New York
Quick Divorce
My wife and I have decided to get a divorce. We have been married 14 months. I want to get a legal separation for a year and then file uncontested. She doesn't want to wait, but other than irreconcilable differences, there are no grounds for a contested divorce. What do you suggest we do next. Thank you.
1 Answer from Attorneys
Re: Quick Divorce
Although NY statute requires grounds for divorce, judgments are typically entered without trial requiring factual proof. If you both want a divorce and there are no issues in dispute (re: children, property etc.) then, aside from filing a legal separation, you might consider filing a complaint alleging, for example, cruelty or abandonment. I do not suggest whether these or other actions are appropriate, nor whether any adequate grounds exist, and cannot give any such advice without hearing more details of your marriage. Of course, if the parties stipulate to grounds, or if the defending party defaults or otherwise declines to contest, it would be unnecessary to try the issue, and the judge could issue findings and order judgment accordingly. Call our office if you wish to discuss this further.