possumposs
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Reged: 09/02/08
Posts: 4
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My wife tells me she can get a divorce in NY without the year-long separation? She says her lawyer told her so. I have agreed to move out for "a while" to give her some space. She wants me to sign a separation agreement, but since I don't want the dovirce, I won't do it. I'll move back in at 350 days if I think she is up to something. Am I right, or is she?
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J_Douglas_Barics
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Reged: 01/04/06
Posts: 15
Loc: Nassau County, New York
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A separation agreement is one of the six grounds under which a divorce can be granted in New York. If your wife meets one of the other five grounds, she can obtain a divorce without your consent or a written agreement. See Domestic Relations Law 170. There are several articles here on divorcesource, as well as my website, which explain in greater detail what constitutes divorce grounds in NY.
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J. Douglas Barics
www.jdbar.com
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