Freeport, NY asked in Divorce for New York

Q: My husband and I were legally separated in 2010. We reconciled in 2012 and never filed for divorce.Can I file for divore

Under different terms.

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2 Lawyer Answers

A: New York law provides for a no-fault divorce (which requires a sworn statement that there has been an irretrievable breakdown of the marriage for six months or more). If you or your spouse can establish that you have lived separate and apart under a written separation agreement and have complied with the provisions of that separation agreement for more than a year, then you may obtain a judgment of divorce on that basis alone. Of course, the separation agreement can also be submitted as part of a divorce decree, if you or your spouse decides to seek a divorce on the no-fault ground, rather than wait the required year to seek a divorce based upon having lived separate and apart under the terms of a separation agreement.

Please consult with a NY Divorce Lawyer to assist you with your divorce matter.

Ali Shahrestani, Esq.

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  • San Francisco, CA
  • Licensed in New York

A: You can file for divorce if he never did. If he filed already, you can respond. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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