My husband had ask for a divorce since Oct. 2009. we had live in the same house but separate and apart martial bed, and since April 2010, we are living in separate residences. WE have not even filed for legal separation. I keep asking him to get the process going> He has a divorce lawyer and I DO NOT. Can you give me some Advise? Thank You
If you haven't been served a Summons with Notice, then you can initiate a divorce action under fault grounds if you have them. You will not be able to file a no fault divorce until 10/14/10, or 60 days after the Governor signed the bill into law.
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No fault is not yet in force in New York. The current system is fault based, and requires the filing of a summons and complaint. If you have not done so now, you can...or you can wait for the no fault law to take effect.
Unless the statute mandates retroactivity, your pending divorce may not be modified by the new law.
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