Do I have to file a separation before filing for divorce?

UPDATED: Jul 16, 2015

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Do I have to file a separation before filing for divorce?

Also, I want to move back home which is in another state. Will I need to come back to file or can that be done online?

Asked on July 16, 2015 under Family Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, you do not have to file for separation prior to filing for divorce in the State of New York.  But you have to meet the resdiency requirements of any state prior to filing.  If you want to move now then you can wait to file in your home state but the time required can be long (in NY it is 2 years).  You can not file online but there is an uncontested divorce which allows you to file all paperwork without appearing for a court date.  Please seek consultation asap. 

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