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Can an uncontested divorce still take place if both have been separated for 4 years without a notarized doc of separation in NY
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Posted about 1 year ago in Divorce / Separation
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If a husband and wife were married in New York, and have been now separated for almost 4 years , and want to file an uncontested divorce. The Domestic Relations Law Section 170 " (6) living separate and apart pursuant to a separation agreement", My question is if both parties verbally agreed to separate and have lived separately ,and had not been intimate for that period of time but did not get anything in writing at that time and notarized . Will they still be able to get a uncontested divorce on those grounds? Got married in NY but currently living in MD, wife still lives in NY
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Answers (1)
Bruce Edward Avery
This attorney is licensed in Dist. of Columbia and 2 other states.
Posted about 1 year ago.
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It appears from your question that you are the Husband and living in Maryland. In Maryland you can receive a divorce based upon two years of separation without cohabitation and no chance of a reconcilation. It is not necessary for both of you to live in Maryland. Maryland does not require a separation agreement for a divorce based on two-year separation.
Are there any property issues to be resolved and do you have any minor children? If the answer to both is no, then a divorce based on two-year separation will end your marriage and get you both on your way. If you have property issues then you will need to get personal jurisdiction over her. If you have minor children you will need to resolve custody issues in a court that has jurisdiction over the children. |
