Legal Question in Family Law in New York

From separation to divorce

My husband and I have been living separately since Aug '02 and have decided to procede with a divorce. Once the separation paperwork is filed do we now have to wait another year before a no-fault divorce can be granted? Is there a way to prove the address difference and file as having been previously separated to avoid another year as married?


Asked on 5/08/03, 10:05 am

3 Answers from Attorneys
Lorraine Ahlers-Mack Law Offices of L.Ahlers-Mack

Re: From separation to divorce

If you chose to file for divorce using a separation agreement then you must wait for one year after filing the agreement and then obtain a final divorce.

If you file for divorce under abandonment (for 1 year or more) then you don't have to wait. You can proceed immediately. One spouse must sue the other for the abandonment either actual (one spouse leaves) or constructive (one spouse refuses to engage in sexual relations with the other). The abandonment must precede filing by one year or more.

Read more
Answered on 5/08/03, 10:49 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: From separation to divorce

NY is not a no-fault state. in NY you can have one partner waive the waiting periods and get the divorce within 30 days.

you are welcome to call me for a free consultation at my office at 42 west 44th st, ny,ny. please call for an appointment. 646-591-5786

Read more
Answered on 5/08/03, 9:59 pm
Robert Evans Robert S. Evans esq.

Re: From separation to divorce

In N.Y. a'no-fault' divorce requires a separation agreement and a waiting period of one year before the divorce will be final. However you can get a divorce based upon abandonment without the waiting period if certain conditions prevail. You may contact my office @718-834-0087 to get further info or to set up a consultation.

Read more
Answered on 5/09/03, 11:14 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York