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Do you have to be separated before filing the divorce in NY?

Baltimore, MD |
Filed under: Divorce Adultery

Do you have to be separated before the divorce ? I live in NY and my husband will likely to leave the courtry in a few months for good and go back to Myanmar. I want to get the divorce before he leaves. Pl advice. Thanks.

Attorney Answers 1


You do not have to be separated from your husband for any specific period of time, but you need to have specific grounds for divorce. The most likely grounds in New York are cruel and inhuman treatment, adultery and abandonment. If there are sufficient grounds, a divorce action can be commenced before your husband leaves the country. It is possible to commence a divorce action after he leaves, but it would make things more difficult and more expensive. I suggest that you have a consultation with an experienced family law attorney.

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