Do you have to be separated in NYS before you can file for an uncontested divorce?
2 attorney answers
To file an incontested divorce the complaint has to allege that the marriage has irretrievably broken down over the last six months. You do not need to be seperated. New York Domestic Relations Law 170(7). You may still retain counsel, and should absolutley consult with an attorney for the purpose of drafting the paperwork and making sure any unconstested divorce is properly submitted to the court and the Judgment of Divorce granted.
This should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only and may not be quoted or referred. This does not constitute an attorney client relationship.
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