Question #24: What are the grounds for a legal separation in NY? I once heard a rumor that after being legally separeted for a period of one year, the divorce is automatic. Is there any truth to this?

The grounds for separation in NY are the same as the grounds for divorce. One of the grounds upon which a divorce may be filed is having entered into a written separation agreement properly executed by both parties and, upon the passing of one year from such execution, either party may file for divorce based on such separation agreement. In order to be legally separated, however, you must either have such an executed Separation Agreement which was prepared legally in all respects or having received a court order separating the parties. Just living apart and separate is not deemed “a legal separation”.

It is possible, however to select other grounds upon which the divorce is based which do not require the one year waiting period.

If you’re living in the New York City metropolitan area please call may add to 12-370-1660 2 discusses mediating your separation.

Leonard M. Weiner, Esq./Divorce Solutions