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Can you date while separated in Manhattan New York, You can York New to While

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Simply by living apart, regardless of how long, a married couple is not legally separated. There are only two ways to become legally separated in New York. The first, and by far the most common way is for the spouses to enter into a legal separation agreement.

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Before you file for a divorce in New York State, you must 1 meet the residency requirement, and 2 have a "ground" for the divorce; a legally acceptable reason for the divorce.

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Residency and Grounds Before you file for a divorce in New York State, you must 1 meet the residency requirement, and 2 have a "ground" for the divorce; a legally acceptable reason for the divorce. Residency Requirement There are a few ways to meet the residency requirement of New York State: Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started; Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and 1 you got married in New York State, or 2 you lived in New York State as a married couple, or 3 the grounds for your divorce happened in New York State; Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.

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To use this ground, the marriage must be over for at least 6 months, and all economic issues, including debt, how the marital property will be divided, and custody and support of the children have been settled. It is not enough that you and your spouse had arguments or did not get along.

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The cruelty must rise to the level that the Plaintiff is physically or mentally in danger and it is unsafe or improper for the Plaintiff to continue living with the Defendant. Two examples of abandonment: where the spouse physically leaves the home without any intention of returning or where the spouse refuses to have sex with the other spouse, this is called "constructive" abandonment.

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The spouse must have been put into prison after the marriage began. The Plaintiff can use this ground while the spouse is in prison or up to 5 years after the spouse was released from prison.

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This ground can be hard to prove because evidence from someone besides the Plaintiff and spouse is needed. The separation agreement must have specific requirements included to be valid.

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To use this ground, the Supreme Court draws up a judgment of separation and the married couple live apart for one year.

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As a Long Island Divorce Lawyer I am often asked by my clients if they can begin dating before their divorce is finalized.

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This provides basic information about divorce and a general overview of the divorce process in New York.

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Family law is arguably one of the most complex and emotionally charged areas of law.

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Disclaimer: This content is offered only as a public service and does not constitute legal advice.