Legal Question in Family Law in New York

Seperation Period Before Divorce

I have been seperated from my husband for over a year. Do I need a legal seperation in order to get a divorce?


Asked on 7/20/01, 2:21 am

3 Answers from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Seperation Period Before Divorce

Since you have been separated for over one year, you can file for a divorce by abandonment.

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Answered on 7/24/01, 9:48 am

Re: Seperation Period Before Divorce

You should probably be able to set forth either

a cause of action for legal abandonment or for

simple constructive abandonment, to satisfy

the legal cause requirement under the Domestic

Relations Law Section 170, and proceed to other

issues.

This is an area of expertise with my firm, and

you may contact at 716-235-2560

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Answered on 7/23/01, 7:49 am
Daniel Clement Law Offices of Daniel Clement

Re: Seperation Period Before Divorce

No. The grounds of divorce based upon a seperation of one year also require a written agreement or a judgment of seperation.

If you require further legal advise, please feel free to contact me.

Daniel Clement

__________________________________

Law Offices of Daniel E. Clement

350 Fifth Avenue, Suite 3000

New York, New York 10118

Tel: (212) 279-6194 Fax: (212) 695-6007

E-mail: [email protected]

Website: www.clementlaw.com

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Answered on 7/23/01, 10:25 am


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