You, like many others in New York , are misinformed regarding the one year requirement.
If you and your spouse are in agreement and both wish to divorce, it is possible to choose one of the acceptable grounds other than the Separation Agreement, and to file for the divorce immediately without waiting the one year period.
A legal separation requires that you enter into a Separation Agreement or are separated by order of the court. Simply living separately or moving out of the same apartment is not considered a separation under the law, and you are for all purposes still legally married in every respect.
Divorce mediators also mediate separations, which is the first step in the divorce process.
It is essential that you engage an attorney- mediator experienced in matrimonial matters and that all of the documents be prepared properly so that you can get on with your lives without worrying that your separation or divorce will come back to haunt you later on. This is no time to save money on attorneys’ fees. It is penny wise and pound foolish. You get what you pay for and any free assistance is usually worth about what you pay for it.
If you are living in the New York City metropolitan area, I strongly suggest that you call me at 212-370-1660 to arrange for an appointment.
Leonard M.Weiner, Esq./Divorce Solutions