No, a legal separation is not required to get a divorce in New York, although it is perfectly acceptable under New York law to legally separate, and ultimately file for divorce after one year apart.
Prior to the introduction of no-fault divorce, a legal separation agreement was the only way couples could divorce without proving one spouse’s culpability in court.
Today, under irretrievable breakdown, couples don’t have to go through the year-long wait, and don’t even need their spouse’s consent to get a divorce faster and often with less expense.
Call Zelenitz, Shapiro & D’Agostino at 718-523-1111 to learn the pros and cons of legal separation and what your best strategy is if you’re considering divorce.