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?
3 Answers from Attorneys
Re: Seperation Period Before Divorce
Since you have been separated for over one year, you can file for a divorce by abandonment.
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
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
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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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