Assuming you meet New York’s residency requirements, you can file for divorce at any time, whether or not your spouse has left, and whether or not you know where your spouse has gone.
You don’t need your spouse’s permission to file for divorce, or for the judge to approve your divorce.
If you want to file on Abandonment grounds, you will be required to wait one year from the time of abandonment, and the abandonment must have been for the purposes of leaving the marriage.
If, in that time, your spouse attempts reconciliation, your divorce may be denied.
It is much easier to file for divorce under New York’s no-fault grounds, known as Irretrievable Breakdown.
This will give you the fastest, most hassle-free, and usually, most cost-effective approach to your divorce.
At Zelenitz, Shapiro & D’Agostino, our attorneys can see to it that your divorce is handled properly, promptly, and gives you all the financial security possible.
Call us today at 718-523-1111 to speak to an experienced Queens divorce lawyer for free.