My spouse and I both live in NY. We want to file for divorce – Do we have to file a legal separation and wait one full year? We have no minor children and no arguments about the division of property. Can he sign a quitclaim form and sell me his share of the property for a $1?
It is a common misconception that one has to wait a year to get a divorce in NY. That is only the case if you use the Separation Agreement as the grounds for divorce. Other grounds can be used in which you can file for divorce immediately. Yes, he can quitclaim the property to you.
I cannot overemphasize the need to use an experienced, matrimonial attorney-mediator to review all of the issues with you, prepare all of the documents, and properly file them. A divorce is an event that is too important to leave to self-help.
Please call me at 212-370-1660 to discuss mediating your divorce.
Leonard M. Weiner, Esq./Divorce Solutions