Me and my husband have only been married ten months and now he wants a divorce. I told him I looked at the laws and that we will have to have a separation agreement and be separated for a year before we can actually divorce since we don't have any grounds to divorce and he said that he talked to his lawyer who said that because the marriage was so short there were different laws that could apply. Is this the truth or is he just lying to me because he doesn't want to hear that it might take a long time?
HI..I am not sure of details but I know in some parts of divorce..the length of the marriage does affect the laws as far as maintainence payments etc..make sure you get your own lawyer! I am so sorry for what you are going through..no matter how long you have spent with your spouse..divorce is never easy..it SUCKS actually! Hang in there!!
Without fault grounds , the only option is a legal separation . The separation agreement must address all the issues a divorce would including child custody , child support , spousal support & property division . It is an agreement and must be agreed to by both parties . After 1 year of being legally separated either party can then proceed with nofault divorce .
-------------------- Never let your sense of morals get in the way of doing what's right. Isaac Asimov
In NY State the amount of time you have been married does not matter, it has no impact. I am 100% certain of this. I read it on a legal site while going over grounds for divorce in NY. They had a specific sentance stating time did not matter. Hope this helps.