Legal Question in Family Law in New York

Re: divorce

Yes, it would be possible to do this divorce without a lawyer, using standard instructions and forms provided by the New York State court system, as I will explain below.

Note however, nevertheless, that in these special circumstances where the grounds for divorce are "living separate and apart for more than one year" in accordance with the "terms and conditions of a properly executed separation agreement", NYS courts' "Uniform Uncontested Divorce packet"s' instructions on page 5 warns you that "it may be AVISABLE TO CONSULT AN ATTORNEY REGARDING THIS GROUND FOR DIVORCE", i.e, the ground of a SEPARATION AGREEMENT (as opposed to more commonly used grounds for divorce such as abandonment or cruel and inhuman treatment and adultery.)

You can obtain the New York State Unified Court System's "Uniform Uncontested Divorce Packet" from the court and fill out the paperwork by yourself. Alternatively, you can download the "Uniform Uncontested Divorce Packet" form the New York State courts' website.

However you obtain it, the NYS courts' "Uniform Uncontested Divorce packet" contains all the fill-in fopms which you will require along with detailed instructions for filling in thse forms. As the GROUNDS for divorce in thse forms, you will select DRL 170 subd (6) if you use the SUMMONS WITH NOTICE ; or, alternatively, you will select the heading Living Separate and Apart Pursuant to a Separation Agreement (DRL 170(6)) as grounds on the VERIFIED COMPLAINT if you send the two separate forms SUMMONS and VEWRIFIED COMPLAINT instead of the single form, SUMMONS WITH NOTICE.

Again, remember, that the courts' "Uniform Uncontested Divorce packets" which is designed to enable sppouses to perform an uncontested divorce without lawyers, nevertheless, warns on page 5 of the Instructions, that "it may be advisable to consult an attorney regarding using this [ specific ] ground for divorce", i.e., the divorce ground of living separate and apart for over a year in accordance with a separation agreement.

Re: divorce

Yes, it would be possible to do this divorce without a lawyer, using standard instructions and forms provided by the New York State court system, as I will explain below.

Note however, nevertheless, that in these special circumstances where the grounds for divorce are "living separate and apart for more than one year" in accordance with the "terms and conditions of a properly executed separation agreement", NYS courts' "Uniform Uncontested Divorce packet"s' instructions on page 5 warns you that "it may be AVISABLE TO CONSULT AN ATTORNEY REGARDING THIS GROUND FOR DIVORCE", i.e, the ground of a SEPARATION AGREEMENT (as opposed to more commonly used grounds for divorce such as abandonment or cruel and inhuman treatment and adultery.)

You can obtain the New York State Unified Court System's "Uniform Uncontested Divorce Packet" from the court and fill out the paperwork by yourself. Alternatively, you can download the "Uniform Uncontested Divorce Packet" form the New York State courts' website.

However you obtain it, the NYS courts' "Uniform Uncontested Divorce packet" contains all the fill-in fopms which you will require along with detailed instructions for filling in thse forms. As the GROUNDS for divorce in thse forms, you will select DRL 170 subd (6) if you use the SUMMONS WITH NOTICE ; or, alternatively, you will select the heading Living Separate and Apart Pursuant to a Separation Agreement (DRL 170(6)) as grounds on the VERIFIED COMPLAINT if you send the two separate forms SUMMONS and VEWRIFIED COMPLAINT instead of the single form, SUMMONS WITH NOTICE.

Again, remember, that the courts' "Uniform Uncontested Divorce packets" which is designed to enable sppouses to perform an uncontested divorce without lawyers, nevertheless, warns on page 5 of the Instructions, that "it may be advisable to consult an attorney regarding using this [ specific ] ground for divorce", i.e., the divorce ground of living separate and apart for over a year in accordance with a separation agreement.