Question #54: SEPARATION & DIVORCE My husband and I are in the process of filing for a legal separation in New York State, with full intention of actually divorcing after the year is up. During that year, can he “contest” the separation/divorce during this year? Can he file on other grounds?

Many people are under the common misunderstanding that one has to wait a full year in New York, in order to file for divorce. In fact it is possible to file for divorce immediately, depending on the grounds one uses as the basis for the divorce. If you use the Separation Agreement as the grounds, then a one-year requirement is necessary, and nothing stops your spouse from filing for divorce under different grounds during that one-year period.

If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for an appointment to discuss the matter at greater length. I strongly suggest you consider mediating your divorce with this office in order to resolve your concerns.

Leonard M. Weiner, Esq./Divorce Solutions