These are some of the most commonly asked questions I receive. The answers are: No, you do not need to be separated for any period of time in order to obtain a Judgment of Divorce. In order to obtain a Divorce Judgment, at some point, one person will need to file an action for Divorce, dissolving the marriage and seeking ancillary relief. In order to file a divorce action, the plaintiff must allege grounds for divorce. By far the most common grounds for divorce is DRL Section 170(7), Irretrievable Breakdown of the Marriage. This is our equivalent of what most people think of as "Irreconcilable Differences." The plaintiff merely must allege that the mariage has broken down irretrievably for a period of 6 months or more. No further grounds need be alleged.
Followup question: if married people have been separated for more than a year, are they automatically divorced? No. Moreover, being separated for a year is not grounds for divorce, being separated for a year and living separate and apart pursuant to a validly executed Separation Agreement is grounds for divorce. However, a separated couple could file for divorce using DRL Section 170(7), Irretrievable Breakdown of the Marriage.
Juliana LoBiondo
www.LoBiondoLaw.com
Good post! Thanks for sharing this information I appreciate it. God bless!
ReplyDeleteDivorce attorney Andover MA
Thank you again, have a great day! <3 Mrs. Lo
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