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Does living apart count towards separation (when getting a divorce) even if I did not file separation papers?
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Does living apart count towards separation (when getting a divorce) even if I did not file separation papers?

I live in New York state. My husband and I have lived apart for 1 1/2 years. I did change my address, but moved around to a few different places.

No it doesn't..How you feel about it is one thing but with the courts they need that paper work try. Like she has been separate for 6 months and would like the divorce to go through smoothly. Within the next 6 months..your legally still counted to your hubby and he still and mess up your credit and different things. File your necessary paper work. I don't know what your situation is but either of you can claim abandonment in court . That is depend on who left who in the begging. The court Will want to know why you never filed the right paper work and it can drag the process out even longer.

are you talking about that part of the divorce papers that says that you have been separated for at least 6 months prior to filing? I don't know specifically for NY state but in IL, you don't have to have had a legal separation for 6 months as long as you both agree that you've been separated and not living as married for the last 6 months

Sue B
You'd think in the eyes of the law, it would be considered "seperation" if you have proof of the different addresses you have had. check with your state laws. The only state I have lived in MO, is the only one that seemed to have strict rules for some reason or maybe I was only told they were strict, so the a-hole I lived with could remain married! :-)

Yes it does.

You are not legally separtated yet. you have to make it official. Why not just get a divorce and get it over with?

It probably would because it does in some other states. If you are married but living apart, and NY requires a period of separation before divorce, then the time you've lived apart should count toward that required separation time. However you may have to show proof of living elsewhere such as utility bills or a rent receipt or something, if you didn't change your mailing address.

Joe P
No. you must have a legal separation signed by a state court judge

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