Sometimes clients come to our firm and tell us they’ve been living apart from their spouse for many years. It could be a year, it could be six months, or it could be ten years. Unless a post-nuptial agreement has been entered into or maybe even a pre-nuptial agreement exists, generally speaking – and of course this is all facts and circumstances sensitive – nothing has changed. You are as married today as you were the day you split up, even if it’s ten years or more that you’ve not been living together. Just by living separately apart without an agreement authorized by the law in the State of New York, the Domestic Relations Law, nothing has changed. If you find yourself in this situation and would like to begin the divorce process, the first thing you need to do is find an attorney who focuses on divorce and family law whom you can trust. Before you can file for divorce through the county court in which you reside, you must fulfil the residency requirement and have a legal grounds for divorce. All of this can be discussed and reviewed with an experienced attorney.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.