Legal Question in Family Law in New York

Re: Seperation Agreement

You need to be living apart for at least one year if you proceed on the ground of abandonment. You indicate that you have been apart since July 2008, which is not yet one year, so you do not qualify on that ground. If you do not meet one of the other grounds, it appears that you do not qualify for a divorce until July. NY does not allow a couple to simply agree to get divorced if they don't meet one of the legal grounds. Feel free to call me to discuss your possible options.

Re: Seperation Agreement

Steve is not 100% correct. If you have not had sex for over a year (even if you lived together), that is deemed constructive abandonment. This constitutes grounds for a divorce.

Your best bet is to contact an attorney. Since you live in Oceanside, near my office, feel free to give me a telephone call.

Mike.

Re: Seperation Agreement

Living separate and apart pursuant to a properly prepared and executed separation agreement for a period of 1 year after the agreement has been executed and filed will enable one to get a divorce. You do not appear to be within that time frame. A competent attorney can help you get around that barrier. If the parties agree there may be an opportunity to proceed quicker. You may contact my office for a consultation.