agreements which might be filed to initiate the period of separation required, which had been April 27, 1966, and at one time was August 1, 1966, was eliminated in 1970 so that an agreement of whatever date might be filed and after the passage of the designated time the divorce action could be brought. Where parties have lived separate and apart pursuant to a separation agreement for the requisite period, the husband is entitled to a divorce and the wife's contention that he had not told her he would use the agreement as a basis for a divorce is without merit, since nothing in the statute requires either party to declare his intention to use or not use the agreement as a ground for divorce. It also has been held that a stipulation agreement made in open court and read on the record, to the effect that the parties are to live separate and apart in the future, is tantamount to a separation agreement, so as to provide the basis for an action for divorce under Domestic Relations Law 170(6), after the parties have lived apart for the requisite period. 1. Proof of Living Separate In an action for a divorce based upon the ground that the plaintiff and the defendant have lived separate and apart for the requisite period either pursuant to a judgment of separation or a written separation agreement, substantial compliance by the plaintiff with the terms and conditions of the judgment or agreement must be shown, as well as the fact that the living apart has been uninterrupted for the requisite statutory period. E. IMPRISONMENT The Domestic Relations Law provides, in Section 170(3), that an action may be
agreements which might be filed to initiate the period of separation required, which had been April 27, 1966, and at one time was August 1, 1966, was eliminated in 1970 so that an agreement of whatever date might be filed and after the passage of the designated time the divorce action could be brought. Where parties have lived separate and apart pursuant to a separation agreement for the requisite period, the husband is entitled to a divorce and the wife's contention that he had not told her he would use the agreement as a basis for a divorce is without merit, since nothing in the statute requires either party to declare his intention to use or not use the agreement as a ground for divorce. It also has been held that a stipulation agreement made in open court and read on the record, to the effect that the parties are to live separate and apart in the future, is tantamount to a separation agreement, so as to provide the basis for an action for divorce under Domestic Relations Law 170(6), after the parties have lived apart for the requisite period. 1. Proof of Living Separate In an action for a divorce based upon the ground that the plaintiff and the defendant have lived separate and apart for the requisite period either pursuant to a judgment of separation or a written separation agreement, substantial compliance by the plaintiff with the terms and conditions of the judgment or agreement must be shown, as well as the fact that the living apart has been uninterrupted for the requisite statutory period. E. IMPRISONMENT The Domestic Relations Law provides, in Section 170(3), that an action may be
prima_facie_case_under_drl_170__1-6_.docx