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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12323
Experience:  Attorney experienced in all aspects of family law
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I have been separated for 7 years. My husband took me court

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I have been separated for 7 years. My husband took me court and because my daughter had difficulties in school and therefore absences he blamed me and I lost custody. He wants now to have another trial but for financial. I told him that I dont want anything from him and vice versa but to sign divorce, and he declined. Since I have been separated for 7 years, isn't it my divorce authomatic? do I have to go back to the judge? thank you for your answer
Hello there:

Thank you for your question. In New York state, there is no such thing as an automatic divorce. There are some jurisdictions where a period of separation will result in a legal determination that the couple has divorced, but New York does not recognize divorce based solely on separation. There must be a formal adjudicated process and an order by the court to finalize a marital dissolution.

Whether getting a divorce requires physically appearing in front of a judge depends on the circumstances. If the spouses can agree on their matters without the court's help, they can draft an agreement that will be signed by the court and does not necessarily require their physical presence in the court. However, if agreement cannot be reached, the court must make the final decision. The parties do not have to attend if they do not want to do so, but they forfeit their right to be heard if they do not show up. I hope that answers your questions, and I do wish you the best of luck.
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