Legal Question in Family Law in New York
Statute of limitations on separation
If a legal separation has been in place for a certain length of time, can a divorce be granted automatically or will it still be the same procedure as if divorce proceedings had been going on from the start? Is there any way to get a divorce uncontested and with limited use of attorneys if a separation has been in place for several years?
1 Answer from Attorneys
Re: Statute of limitations on separation
Under Domestic Relations Law 170, living
separate and apart for a period in excess
of one year pursuant to a filed Separation
Agreement will allow the Court to grant a
divorce. This eliminates any mudslinging
and is NY's version of no fault divorce
But the divorce is the same as with any other
divorce on adultery or spousal abuse, etc.
The same 26 documents are required, the same
filing fees and the same waiting periods
However, if the agreement is comprehensive
and with no need to change, there should
be only one attorney, and he should be
able to expedite in less than 10 hours, and
charge a reduced rate (mine is normally
$ 75.00 in such matters because there is
no grief and aggravation) thus permitting
the entire conversion divorce to cost
approximately $ 1000.00 including filing
fees.
You may call 716-235-2560 for more info