Legal Question in Family Law in New York

Re: Have Legal Separation, must I wait to file Divorce?

Bearing in mind the fact that the one year period runs from the date of the execution {signing} of the Sep. Agree., _not_ from the date of filing with the County Clk. - - the answer to your question is "yes".

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: Have Legal Separation, must I wait to file Divorce?

It that is your only ground for divorce, then, yes, you must wait a year and a day from the execution of the agreement. However, if you have another ground for divorce, then you could file tomorrow, and proceed with an uncontested divorce, using the Separation Agreement as the basis for the settlement of the divorce case.

Before you file, I suggest you consult with an experienced matrimonial attorney.

Hope this helps.