Uncontested divorce · New York

I haven't seen my spouse in years

Awards and recognition

  • Executive Committee, Family Law SectionBrooklyn Bar Association · 2016
  • MemberAmerican Immigration Lawyers Association
  • Attorney MemberBrooklyn Bar Association · 2021
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Long separations are common and they do not create a special obstacle. New York has no automatic divorce after a period apart, so the marriage is still legally in place until a court ends it.

Time apart is not a divorce

People are often surprised by this. Years of no contact, separate homes and separate lives do not dissolve a marriage on their own. Until a judgment is signed and entered, you are married, with everything that carries for property, inheritance and remarriage.

It can help the filing

The no-fault ground requires the relationship to have been broken down irretrievably for at least six months. A separation measured in years clears that comfortably.

The real question is usually where they are

After a long gap the practical problem is locating the person to serve them. If you genuinely cannot, the court has a process for that.

This page is general information about how the process works in New York. It is not legal advice and it does not create an attorney-client relationship. Whether any of it applies to you depends on your situation, which is what a consultation is for.

Talk it through with someone

Every situation is different and this page is general information. Call and speak to the attorney handling your matter, in English, Español, or Русский.