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?


Asked on 5/07/01, 6:27 pm

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

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Answered on 6/20/01, 5:55 pm


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