Legal Question in Family Law in New York

Re: NY Divorce - no particular ground

If you do not have a ground for Divorce in NY, you stay married. Instead of doing this yourself, go to an attorney and see if he can get your separation agreement dated "NUNC PRO TUNC" (latin for "then as now" which means you have permision to back date the document.)

Good Luck

Re: NY Divorce - no particular ground

No, you can not back date a separation agreement. Further, notarization is not sufficient to make a written contract into a separation agreement - and nunc pro tunc does not work either.

However, there are several alternatives often used to deal with the requirement of the Domestic Relations Law that one have grounds.

If you'd like to discuss them and you're in the New York/Westchester/Rockland area, please feel free to get in touch.

Re: NY Divorce - no particular ground

You and your husband can re-sign the document before a notary public. The separation agreement MUST then be filed with the County Clerk. You then must wait a year. After a year from filing with the County Clerk, you would have grounds to commence a divorce.

The divorce is not automatic. You would still have to commence an action. However, depending on the language in the separation agreement the divorce may be uncontested.

Of course, there are other grounds such as constructive abandonment, cruel and inhuman treatment, jail, adultery, etc. Depending on your situation you may qualify for other grounds.

Mike.