I want to get divorced, but not sure if my husband will sign. I moved out from the apartment we shared 5 months ago. We don't have kids, property and have separate bank accounts. Im considering legal separation. If I do that, can it be post dated back to December so I could file for divorce based on separation after 1 year from moving out? Or if I file for separation now, I have to wait 1 year from the date I filed? Also, what if he doesn't sign separation agreement. Thank you.
NY is now no fault - irretrievable breakdown for 6 months which doesn't mean you have to be separated.
Always good to hire a divorce lawyer to give you specific advice as opposed to general advise from this website, will save you money in the long run to do it right.
Providing general answers are meant to help the poster to understand some complex legal concepts and in no way creates an attorney-client relationship.
You can prosecute your divorce any way you want. You can prepare a separation agreement and you can back date it. You can make him sign things if you want. The central problem is that you do not know what you are doing and you'll end up married, not divorced.
New York does not require a phony separation agreement back-dated. Domestic Relations Law §170(7) permits a court to enter a divorce when either of you allege there is an irretrievable breakdown in the marriage for the past six months. He doesn't need to sign anything; he only needs to be served with the action in his hands. The rest of the divorce process must be performed by a lawyer otherwise there will be missed steps, missing papers and defective filings. The court will dismiss the action.
Retain counsel. It's time.
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