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?
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
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.
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.