If you choose not to file for a divorce using grounds then you will need to be legally separated for one year prior to being able to file a no fault divorce.
Maybe you have not decided if divorce is right for you and you want to take some time. A legal separation is only way to protect yourself during a separation from your spouse.
Getting a legal separation in New York is quite simple. We will prepare your legal separation papers and all you have to do is file it with the court.
We provide all that you need including a marital settlement agreement, child custody, and child support forms.
If we prepare your legal separation and you decide to divorce, we will convert the legal separation to a divorce free of charge.
Grounds for Legal Separation in New York
The grounds for legal separation (separation from bed and board) in New York are: (1) adultery; (2) abandonment; (3) imprisonment for 3 or more consecutive years; (4) neglect of and failure to provide support for a wife; and (5) cruel and inhuman treatment. If only one spouse resides in New York at the time of filing the legal separation, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; or (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for legal separation arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the legal separation and the grounds for legal separation arose in New York. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Sections 200, 230, and 231].