Divorce Solutions

Question #126

My husband and I crafted a Separation Agreement about a year ago, privately between the two of us. We are best of friends and still live together, (roommates- no sex), and lead separate lives. We have no children, property, or anything together. We each have our own things, though we do file joint taxes. We got married because we thought it was the next step, but we are just the best of friends. We are very amicable J We now wish to move forward and divorce. My questions are 1- Can we still live together (as roommates- no sex involved). 2- Did our living together ruin it in the “eyes of the law,” and so they won’t view us as “separated,” and we have to start over!!? 3- As neither one of us is abusive, we have not abandoned each other, or been adulterers, etc.… what could we use for grounds? Thank you.

Unless you had experienced legal counsel when you drafted and executed the “homemade” Separation Agreement, I doubt whether it is legal or valid cannot overemphasize the need for experienced legal counsel when it comes to such vital matters. It is possible to be separated and continue to live in the same quarters but may be open to a challenge.

If you are living in the NYC metro area, please call me at 212-370-1660 to discuss mediating this divorce.

We will find the appropriate grounds to file immediately as part of the mediation process.

Leonard M. Weiner, Esq./Divorce Solutions