Question #49: SEPARATION My husband and I were married in NY but we’ve been in Missouri the past two years for his graduate work. We have decided to separate but we will also be moving back to NY soon. If we get the separation agreement here, will NY recognize it if we want to divorce in one year?

Each state has its own requirements regarding what constitutes a legal document. It important to have the Separation Agreement prepared by a New York attorney in order to be sure that it will be recognized in New York.
It is a common misunderstanding that one has to wait a year before one can get a divorce in New York. In fact, one can get a divorce immediately in New York, depending on which grounds are used as the grounds upon which the divorce is based.
Please call me at 212-370-1660 to discuss the drafting your Separation Agreement and divorce.

Leonard M. Weiner, Esq./Divorce Solutions