"Separate and Apart" and Legal Separation Agreements in New York Divorce
When a couple starts talking about divorce, the first difficulty they often experience is the challenge of talking about "fault." It neither party committed adultery or was physically abusive, how can you file for divorce in the state of New York? Can you qualify for divorce because you have lived "separate and apart" for a year, with a legal separation agreement? What are the state residency requirements?
You will find the answers to these and other questions about New York divorce at the law office of David B. Schachter, Attorney at Law. With more than 30 years of legal experience with a diverse New York clientele, divorce lawyer Schachter can help you understand how New York divorce law will apply to your specific situation and which approach to a divorce filing will work best in court.
Contact our Jackson Heights law office to schedule a consultation with an experienced divorce lawyer for contested or uncontested divorce help. We represent clients from many different countries. We have staff members who speak Spanish, Gujerati, Arabic, Hebrew, Bangladeshan, Bengali and Hindi.
"Separate and Apart"
If you and your spouse have lived "separate and apart" for a year or more, and have a legal separation agreement, you can move forward with a divorce without having to claim abuse, abandonment or infidelity. Both people do not have to agree to get divorced. One person can make the decision, communicate that to the other person and take action to separate.
- When did you stop socializing together as a couple?
- Did you stop taking family vacations together?
- Did you separate your finances?
- Did you file separate tax returns?
These are all evidence of living separately. The date of separation can be important when it comes to decisions about property division. It is one of the issues that often come up in contested divorce cases so it's best to be as clear as possible.
Legal Separation Agreements
If you are going to live apart, we will petition the court for a legal separation agreement. A separation agreement covers many of the same issues that will be covered in a divorce, such as who will live in the family home, child custody and if there will be temporary spousal support.
A legal separation agreement may or may not form the basis of a final divorce agreement. If there are contested issues in your divorce, Mr. Schachter will work to build your case before the family court judge.
Residency Requirements
You can file for divorce in New York if:
- You were married in New York and have lived here continuously for one year.
- One of you has lived in New York while you were married, for a period of one year.
- You are divorcing because of abuse, infidelity or abandonment which occurred while you lived in New York and you both live here or one of you has lived here more than 1 year.
- One of you has lived here more than two years.
To learn more about New York divorce law and how we can help you achieve a divorce, please contact us online or call 1-866-433-4342. We accept calls 24 hours a day.
