Legal Question in Family Law in New York

Legal Separation

What do I need to do or where do I go to file for a legal separation?


Asked on 7/04/01, 7:07 pm

3 Answers from Attorneys

Re: Legal Separation

You hire an attorney who prepares the necessary

papers and submits them to the other spouse

or his counsel and then arranges for the filing

in the County where you reside

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Answered on 7/09/01, 9:19 pm
Jeremy Morley Morley & Trager

Re: Legal Separation

In New York you can be separated simply by being physically separated. You don't need court approval for that. If you and your spouse sign an agreement, prepared by a lawyer, setting forth the terms, financial and otherwise, concerning your separation, that is a 'separation agreement' which then governs your relationship and after one year entitles either spouse to file an action for a divorce. If you don't want to wait for a year you can file an action for a divorce, or for a 'judicial separation', based on your spouse's misconduct. Jeremy Morley. 888-393-1923.

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Answered on 7/05/01, 12:29 pm
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Legal Separation

If you want a legally adjudicated separation, you must go to court.

If you only want to be separated, you just need to live separate and apart.

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Answered on 7/08/01, 6:04 am


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