Legal Question in Family Law in New York
separation before divorce in NY
if someone has been physically separated in the state of NY for more than a year, is there a way to make that year count toward the ''legal'' separation period? or must they file for a legal separation and wait another year? there are no children from the marriage.
3 Answers from Attorneys
Re: separation before divorce in NY
The one year separation requires either a judgment or a written agreement. If the separation was really an abandonment, you may have grounds for a divorce.
Daniel Clement
Re: separation before divorce in NY
The fact that you were separated a year already may be circumstances to file on the grounds of "abandonment".
Re: separation before divorce in NY
The law requires that you live under a valid separation agreement for one year from execution of said agreement. This agreement does not have to be filed but it must be executed properly.
If you need to discuss this further, you can contact me through the contact information attached to this message.
Joel R. Salinger, Esq.
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