My husband and I are trying to figure out the quickest and easiest way to end our marriage. We have no children and are on good terms; however for various reasons we want to end our marriage. We have lived apart for over 3 years and rarely speak (few times per year). We are finding out that it may not be as easy as we had hoped. I have read several posts discussing separation agreements and time requirements. Since we have lived apart for over 3 years but did not have a legal separation document does this time count? We really want to get divorced "quickly and cleanly" so we can move on. Does anyone have suggestions as to the best course of action or what grounds to use to file so we are not denied?
If I recall correctly, there is something called "Constructive Abandonment" in NY...basically, if one of you has refused the other sex for over a year, you can go straight to the divorce (no "one year separation"). I know I've over-simplified, but at least now you have a term to look up. That may be your path.
Best of luck.
-------------------- --Boothby
My goal: Once a day, make someone laugh so hard that their soda comes out their nose
Legal Seperation in NY : A legal seperation is a an agreement between the parties that settles all the issues that would be decided in divorce , property distribution , spousal support , child custody and child support . One year after the seperation is filed with the court , either party can request a no fault divorce .
As you have been physically seperated for 3 years , either of you could sue for divorce on fault grounds of abandonment ( including constructive abandonment but not all jurisdictions recognize it ) .
-------------------- Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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