You are incorrect about several things. I have been trapped in a legal battle for going on 27 months so I am aware of the proceedings.
A judge cannot force anybody to go to marriage C'ing for one year. Almost unheard of. I asked my attny about that a long while ago, he has been practicing family law for 34 years and never once had it happen.
There are several grounds to file under and you would be best suited to file under Cruel and Inhumane Treatment.
And no, the separation doesn't magically turn into a divorce after one year. You must file for the divorce after one year and the Separation Agreement serves as the divorce grounds to become a "no fault" divorce. To reach a legal separation in NY you must proceed the same as a divorce except you will be legally separated once the proceedings are over. I have been through it... both the divorce and separation proceedings and I am very well schooled in this.
Where on Earth are you getting this legal info from?
