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How long do I need to wait before a divorce is final in New York?

Holbrook, NY |

I have been separated from my husband for over a year now, with no separation agreement. He has been living in the house, and I have been living with my family.

What needs to be done to get divorced? Do we still need to wait the year with a legal separation agreement before filing, or is it sooner than that?

Attorney Answers 2


There is no longer a need to wait for a separation. Under the new divorce law all that is required is that one party file an affidavit saying that the marriage is irretrievably broken and has been for a period of more than six months.

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No, you no longer have to wait. The new no-fault divorce law, which became effective last week, allows you to get divorced if your marriage has not been working for the last 6 months.

Many attorneys (like me) offer free consultations. Feel free to get in touch to further discuss your situation in more detail.

THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Attorney is licensed to practice law only in the State of New York. All answers are based solely on New York law, unless otherwise specified.

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