New York will recognize a common law marriage but only if the couple held themselves out as married in a state that does recognize common law...

Do you have to wait a year after getting a separation to be able to get a divorce in New York?

If you are using the one year separation as the grounds for a divorce, you must wait a year. Note, the separation must be pursuant to a written...

What to file under to get a divorce in New York

You cannot seek a divorce based upon your marital fault. I suggest you consult with an attorney to discuss the facts and circumstances which...

Can I use cruel and inhumane as a ground for an uncontested divorce along with adultery?

I think you are asking, if your husband files a counterclaim alleging you committed adultery, will the divorce be granted Your husband can file a...

When can I file for divorce for grounds of abandonment?

An abandonment has to have occurred for one year preceding the filing for divorce. So, if your husband moved from the marital residence in...

Can my ex-husband keep me from getting a divorce if he knows I am engaged despite being separated for a long time?

You cannot enter a contract to marry, which is what an engagement is, if you are already married. If you do not have grounds for a divorce or if...

Will I have to wait one year to get a divorce in New York?

The only grounds for divorce in New York that are not time based are adultery and cruel and inhuman treatment. In order to obtain a divorce based...

I am in the process of a divorce and heard a rumor that my husband created an offshore account eleven years ago. What can I do?

You or your attorney may want to retain a forensic accountant to explore this rumor. You may want to examine your bank accounts for the last few...

Is there a certain amount or years separated that would make you legally divorced in the state of ny?

Simply being separated will not automatically be converted to a divorce. You have to commence an action based on one of the recognized grounds-...

My spouse and I are not happy in the marriage, so on what grounds can we divorce? Do we have to separate first?

In New York, you have to have grounds in order to obtain a divorce. Grounds include adultery, constructive abandonment, abandonment, cruel and...