Eden, NY Divorce Law Firms & Lawyers

§ 253. Removal of barriers to remarriage. 1. This section applies only to a marriage solemnized in this state or in any other jurisdiction by a person specified in subdivision one of section eleven of this chapter. 2. Any party to a marriage defined in subdivision one of this section who commences a proceeding to annul the marriage or for a divorce must allege, in his or her verified complaint: (i) that, to the best of his or her knowledge, that he or she has taken or that he or she will take, prior to the entry of final judgment, all steps solely within his or her power to remove any barrier to the defendant's remarriage following the annulment or divorce; or (ii) that the defendant has waived in writing the requirements of this subdivision. 3. No final judgment of annulment or divorce shall thereafter be entered unless the plaintiff shall have filed and served a sworn statement: (i) that, to the best of his or her knowledge, he or she has, prior to the entry of such final judgment, taken all steps solely within his or her power to remove all barriers to the defendant's remarriage following the annulment or divorce; or (ii) that the defendant has waived in writing the requirements of this subdivision. 4. In any action for divorce based on subdivisions five and six of section one hundred seventy of this chapter in which the defendant enters a general appearance and does not contest the requested relief, no final judgment of annulment or divorce shall be entered unless both parties shall have filed and served sworn statements: (i) that he or she has, to the best of his or her knowledge, taken all steps solely within his or her power to remove all barriers to the other party's remarriage following the annulment or divorce; or (ii) that the other party has waived in writing the requirements of this subdivision.

You don't have to move out (though it might be uncomfortable). Generally, it is not advisable to leave the house anyway, until there is an agreement about child support, alimony (maintenance), and equitable distribution. Once you are living separately, you will be required to pay child support and maintenance. Staying put means you are providing and you don't need to start paying those things. There may also be issues about who gets to stay in the house, particularly if it is purchased/owned. Contact a lawyer or, better yet, talk to your wife about finding a divorce mediator. Mediation is a cheaper option and might keep things low-conflict. You need to work out these issues if she wants a divorce. Don't move out until you have something in writing. Good luck.