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 agreement and all you have to do is file it with the court.
If you want child support and child custody orders included, you will need a New York Legal Separation Package. This covers all of the forms, including the child custody and support forms.
Get Your Prepared Legal Separation Package for only $149.95
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].