Legal Question in Family Law in New York

Timeline for Filing Divorce

I filed a Written Separation agreement on December 21st 2005. Can I start the un-contested divorce proceeding now (October) by filing the summons so that the Divorce will be FINAL by Decmeber 21st 2006 or do I have to wait until December 21st to even begin the proceedings.


Asked on 9/29/06, 12:17 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Re: Timeline for Filing Divorce

You must wait until you have lived apart for one year before filing your action. New York Domestic Relations Law Section 170 (5) says you can not maintain an action until "The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment. "

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Answered on 9/29/06, 4:55 pm


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