stealth2 said:
I believe you have to be under separate roofs. Annulment very limited in scope and usually more of a hassle than divorce.
There is a very specific process in the state of New York, including the following requirements that must be met before a divorce process can begin. They include;
RESIDENCY REQUIREMENTS AND WHERE TO FILE: If only one spouse resides in New York at the time of filing the divorce, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; or (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for divorce arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York. The divorce may be filed for in a county where either spouse resides. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Sections 230 and 231; and New York Civil Practice Laws and Rules, Rule 503].
LEGAL GROUNDS FOR DIVORCE: No-Fault: (1) living separate and apart for 1 year under the terms of a separation agreement which is in writing and signed and notarized. (Proof of compliance with the terms of the settlement agreement must be submitted when the divorce is filed. In addition, a copy of the agreement or a brief memorandum of the agreement must be filed in the office of the clerk of the county; or (2) living separate and apart for 1 year under the terms of a judicial separation decree. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 170].
General: (1) adultery; (2) abandonment for 1 year; (3) imprisonment for 3 or more consecutive years; and (4) cruel and inhuman treatment. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 170].
SIMPLIFIED OR SPECIAL DIVORCE PROCEDURES: A summary divorce may be granted in New York if: (1) the spouses lived apart for 1 year according to the terms of a separation decree or a separation agreement; and (2) satisfactory proof is submitted to the court that the spouse seeking the divorce has substantially performed all the terms and conditions of the separation decree or separation agreement. There are sample divorce forms contained in the statute (Forms 1 and 12 for no-fault grounds), including the language necessary to state specific grounds and residency requirements. In addition, New York requires a financial disclosure to be filed in every divorce action. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Sections 170 and 236].
