My wife and I are currently living apart. Can I get a legal separation without her cooperation. She moved out in 2014.
Answer
You should commence a divorce action. Given that you can now use the grounds of Irretrievable Breakdown (DRL 170.7) to divorce, you don't need a "legal separation". You can and should negotiate and sign an agreement separating and settling your finances even if you choose not to divorce right now for other reasons.
Anne Peyton Bryant, Esq.
Bryant & Bleier LLP
305 Broadway, 14th
New York, NY 10007
matrimoniallawnewyork.com
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Ph: 646.421.6505
Cell: 917.747.8543
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