Legal Question in Family Law in New York

Re: starting the divorce process

The "simple" answer to your question is : Yes.

Divorce in NYState must be based upon one of several available "grounds"; separation for a period in excess of a year is one of the available grounds {and the nearest thing NYState has to a "no fault" proceeding}. Thus, any divorce that you started would have to be based on one of the *other* grounds {such as, for example: cruel & inhuman treatment or adultery}. Alleging one of these grounds sometimes results in a 'worsening' of the climate / atmosphere in the household, something you may need to take into consideration.

Good luck.

Regards, etc.,

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<