Legal Question in Family Law in New York

Re: Divorce in New York State

Get to a lawyer right away. YOu still need grounds to file for a divorce and irreconcilable differences is not grounds in NY. I do not think you need grounds for an annulment. You can only annul a marriage during its first year however. So Run to a good lawyer and get the annulment. It shouldn't cost much at all. Otherwise get to the Matrimonial clerks office in your county and see if they will help you. Just realize they cannot give legal advice.

If you wish to speak to a lawyer about this procedure, you may contact my office through the information below. You may check out my website at www.colleluorilaw.com

Good Luck.

Re: Divorce in New York State

The agreement you signed not only must be notarized, it must have an acknowledgment by the notary. Without looking at the document I cannot tell if this was done properly.

Assuming that the separation agreement was properly executed, it must be filed with the County Clerk. You then must wait a year. After the year you have grounds for a divorce.

YOU ARE NOT AUTOMATICALLY DIVORCED. That is a concept that most pro se divorcing couples fail to recognize. You would have to start an action for a divorce, using the 1 year separation agreement as grounds. You then must prepare the necessary paperwork for the divorce. Most paperwork may be found at the NYS Office of Court Administration website.

Most lawyers (including my office) charge a flat fee for an uncontested divorce. So don't get too crazy with the legal fee issue. It may pay to have the matter done right.

Mike.