Legal Question in Family Law in New York
Post-Nuptial Agreement
My husband and I were senior citizens when we married in 2003. In 2004 we entered into a Post-Nuptial Agreement to protect my assets because he, unknown to me, had accrued huge debts prior to our marriage and filed for bankruptcy--also in 2004)bankruptcy). We are now seeking a ''do-it-yourself'' uncontested divorce NY. We have already sorted all of our marital assets pursuant terms of the Post Nup. and to our mutual satisfaction.
If my the Summons With Notice is filed asking for the ''incorporation by reference, but not merger'' of the terms and conditions of the Post Nup., must I also file the Post. Nup. with the court? It was signed, acknowledged and notarized at the time (2004) but not officially filed.
1 Answer from Attorneys
Re: Post-Nuptial Agreement
It is impossible to answer such a specific question on this website. If you want, I can prepare and file the papers for a flat fee. I am located in Nassau County.
However, if you insist on doing the divorce yourself, feel free to look at http://www.courts.state.ny.us/litigants/divorce/divorce_withoutchildrenunder21.shtml
Mike.