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How can I divorce if I am amicably separated in New York?

On Behalf of | Apr 18, 2022 | Family Law

In New York City, you might have grown accustomed to the concept of divorce being an extended battle. As people try to maximize the property they receive, gain custody of children, go back and forth over spousal support and engage in endless dispute, it can appear to be a complex and traumatic experience. Obviously, this does happen, especially in high-profile cases between people who have significant assets and prominent profiles. Still, not every case is like that. If you and your spouse are separated and reasonably amicable, it is important to understand the law for making the separation permanent and ending the marriage.

State law has certain requirements with separation to divorce

According to the law, there are certain tenets that must be in place to change a separation to a divorce. The parties might have gotten a decree or judgment of separation. There may be terms as part of that agreement such as paying child support and spousal support. In acrimonious cases, this might be a topic for disagreement, but if the case is friendly, then the sides will likely have forged a workable agreement. Once they have lived apart for a minimum of one year after the separation started and have lived up to the agreement, then there can be a divorce.

Even in cases where there was no filed separation judgment or agreement, there can be a divorce after one year of being separated. The parties who had the agreement can file a memorandum based on the agreement as proof. The relevant information of the parties must be included such as the date of the marriage, when they agreed to separate and the date of the proof that the agreement was in place.

You should have assistance when divorcing after a separation

If a husband and wife have little to fight over in a divorce case and they have separated, they might not know the requirements to get a divorce. It is relatively straightforward. When you are thinking about separating or have already separated and want to move forward with a divorce, it is still vital to have professional advice to be fully protected. This is true even in situations where the sides are friends but could not live together as a married couple any longer. Consulting with those experienced in all areas of family law can be beneficial in guiding you through the difficult moments of life.