Divorce Solutions

Question #70

Dear Sir, thank you for providing this web site. The faqs posted are very helpful. My question is a simple one (I’m in new york state by the way): if both spouses are still living together but both agree to divorce, can they file for divorce immediately, or do they still need to separate for one year before filing for divorce?

Most people are under the mistaken belief that New York State requires a year of separation before one can get a divorce. That is, in fact, not the case. Assuming that both parties are in agreement concerning wanting to divorce, we can agree on grounds in which we will be entitled to sue for divorce immediately without waiting for the one year period. If you are in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions