Question #28: Seven years ago, I was married in New Jersey State by a Justice of the Peace with a New York State marriage license (which I never received a copy of). On this marriage license, I am completely sure that my name was spelled incorrectly. Does this invalidate it? We were married a year and a half when I found out she was pregnant. I had never had intercourse with her without contraceptives. I thought it was mine, and had a court-ordered DNA test done after the baby was born, which she refused to take until they at least got her to consent to a blood test. The blood test came out as the baby being B+, when she was A- and I have a very rare blood type: ABO-. Therefore, the baby could not be mine. A friend that had been living with us matched the blood type but we never got the DNA from him because he passed away. She abandoned me, and went to her mother. Three months later, I filed for custody, until I found out from the blood work that the child was not mine. Now that you have all the background circumstances, what is the time frame of being separated (as we were automatically separated upon finding out the baby was not mine) before it is considered a legal divorce without going to court? I no longer live in New York state,however she is still in New York.

If you did not enter into a legal Separation Agreement, which meets the statutory requirements under New York Domestic Relations Law, you are considered legally married no matter how long you are physically separated from each other. There is no such thing as “considered a legal divorce” without filing the proper papers.

I strongly urge you to call me at 212-370-1660 to discuss arranging for a meeting to discuss a legal separation and to prepare the proper papers and submit them ASAP.

Leonard M. Weiner, Esq./Divorce Solutions