Legal Question in Family Law in New York

Does support make separation automatic?

I have gone to family court for support and I am paying child support to my wife for my one child. Since I have been to family court does this make my legal separation automatic or does my wife still need to sign the agreement for me ''to live as if I was single''? I don't want to get sued for divorce on the grounds of adultry.


Asked on 9/01/04, 11:03 pm

2 Answers from Attorneys
richard feldman richard d. feldman

Re: Does support make separation automatic?

you are not separated you must have an agreement that must be filed in court. you can call me at 212 683 8677 for a free telephone consultation

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Answered on 9/02/04, 9:09 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Does support make separation automatic?

No. There is no such thing as an "automatic" legal separation.

Although, a "legal" separation can lay the grounds for an uncontested divorce or"conversion" divorce. It is not and should not be viewed as a mechanism for removing other grounds for divorce

Neither a written Separation Stipulation, Agreement, or Court Decree of Separation, can prevent a spouse from (successfully) sueing for Divorce on grounds of Adultery.

Good luck,

Phroska L. McAlister,Esq

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Answered on 9/02/04, 11:03 am


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