Legal Question in Family Law in New York
Seperation
I have been seperated from my present husband for a 8 years. Is there any legal amount of time that seperation becomes a divorce?
Asked on 3/03/01, 9:34 am
1 Answer from Attorneys
Jonathan J. Braverman
Jonathan J. Braverman, Attorney & Mediator
Re: Seperation
No, there is not. In NY, even if you have a "dead marriage," you have to bring a divorce action if you wish to get divorced. You do not pension whether you were legally separated or whether you just have a de facto separation. Either way, you would have to sue for divorce, but the grounds for divorce may vary depending on the facts.
Of course, any asset (such as a pension or 401K) which accumulated during the past 8 years would be included in the marital pot for purposes of Equitable Distribution.
For more information, please visit my web site:
www.BravermanLawFirm.com
Answered on 4/30/01, 6:49 am
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