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Am I "legally"separated?

Belfast, NY |
Filed under: Divorce

My husband and I have been apart since February 2009, and have not spoken since soon after that. We never owned anything together, and have no children together. We never filed separation papers, just agreed that we didn't want to be together any longer. Its been three years, so what is the best way to go about getting a divorce?

Attorney Answers 3


  1. One of you will have to start an action. It sounds like a fairly simple divorce. You can either hire an attorney or try to process the matter yourself. Information can be found on the office of court administration website. Good luck.

    I have been a criminal defense attorney in New York for over 20 years. Feel free to view my website at Brooklynlaw.net or contact me either by phone at 718-208-6094 or via email at howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  2. No, based upon the information you've provided above, you are not "legally" separated. Nevertheless, you can still obtain a divorce quickly and without great expense. You may be able to complete the necessary paperwork on your own. Before proceeding, I strongly recommend you at least consult with a local attorney to review all your rights, options and obligations, so you can make the best possible decisions under the circumstances. You can find attorneys in your area by searching among the profiles here on AVVO. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  3. You would not be "legally separated" by just living apart. Based upon the facts you present and if both parties are willing, you should be able to obtain a fairly simple uncontested divorce which would then legalize your split.

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