Legal Question in Family Law in New York
Uncontested Divorce
Do you have to have a signed separation agreement before proceeding with the divorce papers?
3 Answers from Attorneys
Re: Uncontested Divorce
No you can proceed on any ground that both parties can agree on. Usually if there is no separation agreement, the parties move based on actual or constructive abandonment.
Re: Uncontested Divorce
That depends on if the grounds for the divorce is the legal separation, it must be signed and acknowledged and recorded with the court. If not then it does not have to be signed.
Re: Uncontested Divorce
No, you can file for a divorce and list one of the many grounds as the reason (s) for divorce.
Some of the grounds for divorce are:
1.Adultery
2. Abandonment
3. In prison
4. Cruelty
Charles A. Whittier, Esq.
The Whittier Law Firm, PC
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