Legal Question in Family Law in New York

In regard to New York Domestic Relation Law Section 170, sub #6 (written agreement of separation). My wife and I have been living on separate floors of the same house my mutual agreement for more than one year, but have not filed with the county clerk or any other official. Can we sign an affidavit to this fact that a judge will accept as an alternative to a recorded agreement of separation and therefore allow an immediate continuation as grounds for divorce? We've been married for 37 years
and we know that our marriage is over. Our property distribution and assets/liabilities split has already been agreed to by both of us and neither party holds the other at fault for the breakup. Our divorce is uncontested and we do not want to be thrown into an adversarial scenario, and we want to divorce without a one year delay. Apparently, New York law says we must fight. We don't want to.

Asked on 5/08/10, 6:59 pm

TRACEY BLOODSAW LAW OFFICE OF TRACEY A. BLOODSAW

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You can do one now but it will have to remain in effect for a year if there is no document. Otherwise, just file on grounds of abandonment.

Answered on 5/19/10, 9:32 am

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