Is our divorce invalid because we claimed abandonment after legal separation in New York? 1 Answers as of February 15, 2011

My ex-wife and I were legally separated. We then divorced a few years later in New York State. The grounds for the divorce was actual abandonment. I understand that a legal separation eliminates abandonment as a valid ground in New York. Is our divorce invalid?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
As long as neither party contested the divorce and it was granted, there should be no reason your divorce is invalid, regardless of the prior separation. You could have been separated before you entered into the agreement.
Answer Applies to: New York
Replied: 2/15/2011
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