Divorce Grounds

What constitutes a legal separation in NY?

I understand 2 people must be separated for 1 year before they are able to file for divorce in NY, but does that separation need to be a "legal separation" (do they need to file something with the courts at the beginning of that year) or is it ok if both parties agreed to live apart for the last year and can prove separate residences, but haven't filled out any legal paperwork? After that year of separation, and the parties file for a divorce how long before it becomes final? Thanks.

Public Comments

1. Get a lawyer. File legal separation. File for divorce. Go to court. Get the divorce approved. The end.
2. Im an expert here!! cause i've asked so much! i live in NY and you have to have grounds...not necessarily be separated 1 yr, i mean, here are the grounds: 1.Abandonment- they left you for more than 1 year 2.Adultery- self explanatory, must have 3rd party willing to sign an affidavit stating that spouse was committing it and they knew of it 3.Confinement in Prison for 3 or more years 4.Separation agreement convert to divorce- must be legally separated 1 yr 5. or a Judgment of separation-convert after 1 year(this is rarely used) You must have legal documents on file . You aren't legally separated unless and until you have that document on file. Here is an example of my legal separation names changed of course. if you want a sample of a legal marital agreement, let me know, i'll email you a copy of mine...