Legal Question in Family Law in New York

Re: Filing for Seperation

The *separation* is recognized & "in effect" as soon as a formal, legal document called a Separation Agreement has been executed {formally signed and notarized} by both Hsb & Wife.

At some point in time, prior to the divorce being granted, that Separation Agreement {or an "abbreviated form" of it called a Memorandum of Separation Agreement} must be filed with the Clerk of the County in which someone resides. That filing with the Clerk could be done the very day the Agreement was signed; or it might not get done until after the divorce proceedings were underway.

A key component: you cannot file the papers to commence the divorce proceedings until 1 year & 1 day after the date on the Separation Agreement.

Regards, etc.,

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

Re: Filing for Seperation

It is NOT necessary to be separated for a year before you can file for divorce.

In fact, you do not have to be separated at all.

As a practical matter, what you do need is to be represented by a lawyer who knows what he is doing. Otherwise, you may never be divorced.

If you wish to learn your rights and your options, so as to best protect your interests, suggest you invest in a consulation with an experienced matrimonial attorney.

Good luck.

Re: Filing for Seperation

The separation must be a legal separation, meaning a separation agreement or a judgment of separation. The agreement need not be filed immediately. If you have questions, please feel free to contact me.

Daniel Clement