Legal Question in Family Law in New York

Re: Separation question - OK to live in same house while separated?

Q. If we file for a legal separation in Nov 2001 and my husband still lives here for several months, can we file divorce papers in Nov 2002, or does the clock start when he actually moves out of the home?

A. 1 year from the date of filing the separation agreement. In New York, living separate and apart does not necessarily mean moving out of the marital residence.

Q. We'd like to handle as much of this ourselves as possible, involving attorney(s) for questions or to review what we've prepared. Advice please?

A. It is not easy. I have seen many attorneys screw up an uncontested divorce. However, if you want to try, go to the following website: www.courts.state.ny.us There are a series of forms offered for an uncontested divorce.

Good luck.

Mike.

Re: Separation question - OK to live in same house while separated?

If you wish, you could go right to the divorce and eliminate the separation. There is no law against unmarried people living in the same house. These days it is quite common. You could then take as much time as you need to sell the house, etc.

It would make the most sense for the non-custodial parent to move out at the earliest opportunity. Each parent should move on with their lives, emotionally and socially. There is no greater agony than attempting to breath life into a dead relationship.

I think you are making a mistake with the do it yourself approach. You need professional advice. Save the "do-it yourself" stuff for building the next house.

Suggest you consult with an experienced matrimonial attorney.

For more information, please see my web site.

Hope this helps.