Seven months ago, I separated from my husband of fifteen years. I intended to file for divorce on the grounds of cruel and inhuman treatment, but at his request, we filed a separation agreement instead. He has recently informed me that he wishes to proceed with the divorce so that he can get on with his life. (I have since heard through the grapevine that he has a new girlfriend who is allegedly pregnant, and whom he wants to marry). I am more than happy to give him the divorce. My question is can a couple who is legally separated file for divorce before one year of separation. We live in New York State, and I don’t know if this will make a difference.
It is possible to get a divorce without having to wait for the one year period after separation. The grounds, however, cannot be based on the written separation agreement. If you’re living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for an appointment to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions