Legal Question in Family Law in New York

Hi me and my husband signed legal separation papers last september and i asked to reconcile marriage he said no so i said lets just divorce then he said we couldnt bc in the contract we agreed a year after signing. is that true? if we been separated a year already but on papers only been legally separated for 6 months is it possible to up the diovorce or i have to wait the full year from legal separated papers?

Asked on 4/11/12, 6:46 am

1 Answer from Attorneys

John O'Donnell Attorney at Law

In 2010 New York became the last state to permit "no fault" divorces. With no fault, you may be divorced as long as you can state under oath that the marriage has "irretrievably broken down for a period of six months or more." As such, you may divorce your husband whether he agrees or not. The terms of your agreement should have no effect. Please feel free to contact me for a free initial consultation. I may be reached at (212) 786-7539.

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Answered on 4/11/12, 6:56 am

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