Length Separation Before Divorce In NY
If you are separated from your spouse in New York, you may be wondering if you can file for divorce. The answer is “yes,” but there are a few things you need to know about the process.
In New York, you must be separated for one year before you can file for divorce. This separation period is intended to give couples a chance to reconcile, but if that’s not possible, then they can move forward with the divorce process. If you have any questions about the separation period or how to file for divorce in NY, you should speak to a New York Divorce Attorney.
No-Fault State
New York is a no-fault divorce state. This means that the only requirement before a New York court will dissolve your marriage is that you and your spouse mutually consent to end your marriage. If you are currently separated, New York allows you to live separately without actually getting divorced for up to one year after separation before having to file for divorce. There are specific steps, however, that must be followed before New York will legally recognize your separation.
Separation Must Be Legal
If you are considering filing for divorce in NY, there are a few things you should know. This separation must be “legal,” meaning that you must have lived separate and apart pursuant to a legal separation agreement or court order. If you do not meet this requirement, your divorce filing may be dismissed.
During this time of separation, it’s important to keep track of all financial and marital assets so that everything can be divided fairly during the divorce proceedings. You should also avoid making any major decisions that could affect you. You should also avoid making any major decisions that could affect your future, like quitting your job or selling the family home.
They can also help you navigate the complex divorce process and represent your best interests during negotiations. Contact an attorney today to get started.
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