New York, NY asked in Divorce for New York

Q: Do I have to live w/ my spouse for a no-fault divorce in NYC?

I was married 6 weeks ago + the union dissolved quickly. We don't + never have lived together, I've only seen him 4x and it wasn't consummated. I consulted an attorney about a possible annulment + told it's complicated and potentially expensive to build a case, especially if he doesn't respond to court summons and/or contests. If I'm willing to wait 6 months, can I end our marriage with a no-fault divorce, despite never living together + would I still need a separation agreement before I can file?

Related Topics:
2 Lawyer Answers
Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Commack, NY
  • Licensed in New York

A: The "no-fault" divorce statute requires a marraige to have been irretrevably broken for 6 months or more so you can not use those grounds prior to 6 months. It is irrelevant whether you live together or not. You should always have a stipulation of settlement to spell out the details of the divorce. Talk to a lawyer. Understand that to get an uncontested divorce without going before a judge, you will need his cooperation.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: As long as you have been married for 6+ months you can get a "no-fault' divorce.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.