Do you have to have a separation agreement on file for a year b4 u can get a no fault divorce in NY?

Divorce 4 views 1 answers
My husband and I have been separated for a year and half, and he resides in NY. June 2012 he will be a NY resident for 2 years, and we wanted to file for a NO FAULT divorce then, since we werent married in NY nor did we live there married....we have not filed a separation agreement yet. Does that agreement have to be on file for a year before we can divorce, or can we file it a few months before we are eligible for a NO FAULT divorce when he has met the residencey requirement?

Attorney Answer

1
Keith Havens ·
You have filed your question in the Maryland section. You may wish to file the question in the NY section so that a lawyer versed in NY law can help you. As your location states that you are in Cumberland Maryland, I will tell you that in Maryland, you can filed for divorce if you have been separated for a year, without cohabitation and without engaging in marital relations during that year. You do not have to have the separation agreement filed during that year. Even though your husband is in NY, if you have lived in Maryland for a year, you can file for divorce in Maryland.
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