You cannot seek a divorce if you have been married for less than a year. If you've been married for less than a year, you can receive a legal separation, but it's typically wiser to wait until you can get a divorce. You and your partner can reach a separation agreement while you wait to start the divorce process. If you haven't agreed on any parenting plans or other issues that come up during the separation, a judge will make decisions for you. Divorce is a complicated issue that requires expert advice to ensure that your interests are protected throughout the proceedings. The Law Office of Patricia D. McGoldrick has more than 20 years' experience helping clients with their marital problems and offering guidance about how to proceed with a divorce case. The best time to file for divorce is when you can do so without harming yourself or your spouse's interests. If you wait too long, you may no longer be able to obtain a divorce because the marriage has been ratified by the community as being valid. A new marriage license cannot be issued after one year has passed since the previous one was issued to you and your spouse. If you want to be sure that you can still get a divorce, then it's important not to delay in filing for divorce. The use of the Internet or this form does not establish an attorney-client relationship. Confidential information should not be sent through our website.