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David Centeno

Is a Legal Separation Require Before Divorce in New York?

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We get a lot of calls from people who think that they need to get legally separated for a year before the New York courts will grant them a divorce.  This is not true.

Although the New York State Legislature has passed a no-fault divorce law, it still is not law until the Governor signs it.  Right now you still need to prove grounds for divorce in New York.

One of the grounds for divorce is living separate and apart pursuant to a legal separation agreement for a year.  The separation agreement must be filed with the County Clerk to be valid.

Once the year has passed, then you can file for a no-fault conversion divorce (this is the only time New York law allows couples to get a no-fault divorce).  The terms of the separation agreement are made into the terms of the divorce.

This is not the only way to get divorced.  If you can prove abandonment, constructive abandonment, imprisonment, cruel and inhuman treatment or adultery then you can get a New York divorce.

Our law firm offers free consultation regarding separation agreements and New York divorce.  To schedule your free consultation call (866) 830-2064.  We serve all of New York State.