My best friend has been legally married to his wife for three years now, but they have NEVER lived together since getting married. He resides iV.A.VA for work, and she resides in Queens, NY, with their three-year-old daughter. They just got a legal separation document in March of 2008. My question is, since they have not resided together the entire duration of the marriage and they have not slept together in 2 years, do they have to wait out the legal separation period of a year to have a finalized divorce, or can they divorce now? They both agree it is a no-fault divorce. Please advise, he would like to end this marriage sooner rather than later. Thanks!
If the grounds for the divorce are based on the executed separation
Agreement, then they will have to wait the full year. It is possible, however, to
file under other grounds which will permit the couple to get divorced immediately,
without waiting the year.
If your friend is living in the NYC metro area, have him call me at 212-370-1660 to arrange for a meeting to discuss this matter and to mediate his divorce.
Leonard M. Weiner, Esq./Divorce Solutions