How to File for Separation in New York
Understand a Separation Agreement., Determine if you can legally separate in New York., Choose the proper court., Prepare the Separation Agreement., Finalize and file your legal paperwork., File for divorce.
Step-by-Step Guide
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Step 1: Understand a Separation Agreement.
If the you and your spouse are agreeable to the terms and conditions of your separation, you can voluntarily enter into a formal separation agreement in writing that you can file with the court (“Separation Agreement”) and obtain an Order for Separation.
A Separation Agreement and Order for Separation on file with the court will ensure that the terms and conditions agreed to between you and your spouse are enforceable against each other in the future., New York has residency requirements governing Separation Agreements in the state.
To become legally separated in New York, the following requirements must be met:
The couple was married in the state, either spouse is a New York resident when the action is filed, and has been residing in the state for at least one year before filing; The parties have resided in New York as husband and wife and either party is a New York resident when the action is commenced and has been a resident for at least one year before filing; The grounds occurred in the state and either party has been a New York resident for at least one year before filing; or Either party has been a New York resident for at least two years prior to filing the action. , This is typically the court with jurisdiction over the county in which both parties live and/or agree to mutually.
If you and your spouse live in different counties, the most convenient forum (or one that can be agreed to by both parties) is the most prudent selection., There are no forms available for a Separation Agreement.
Such agreements are typically drafted in the same manner as any contract between parties.The Separation Agreement becomes legally binding when signed by both parties and notarized.
It can be enforced if the terms are violated by the other spouse.
Be clear and concise when providing information.
For example, instead of writing, “Respondent will have visitation on weekends,” you may want to write, “Respondent shall have visitation with the parties’ minor children every other weekend from 6 p.m.
Friday to 6 p.m.
Sunday.” If you want, you can find a document preparation service online.
Online preparation service providers allow you to have your legal documents prepared without ever having to leave your home.
If you wish, you may file it with the County Clerk's Office in the county where either of you currently live.
There is typically a filing fee of $5.00.
A Separation Agreement can’t be back dated to take into consideration the time you were separated before signing the agreement.
You can find sample Separation Agreements online such as at: http://family.findlaw.com/divorce/sample-separation-agreement.html , Review the final Separation Agreement agreed with your spouse.
Both you and your spouse should sign the Separation Agreement before a notary.
Personally deliver the original Separation Agreement and two copies to the Clerk of Court, file the original Separation Agreement, pay the $5.00 filing fee, and retain the two certified copies—one for you and one for your spouse.
Your bank or a local fingerprinting service will both have notaries on staff. , One year after signing and notarizing the Separation Agreement, you or your spouse may file for a divorce based on your Separation Agreement.
This is called a “conversion” divorce.Using this method, no grounds based on default or legal reasons to grant a divorce are necessary.At the time you petition for your divorce proceeding in court:
The court will credit the $5.00 fee paid to file the Separation Agreement toward the divorce filing fees.
However, this is only if you file in the same county where you filed your Separation Agreement.
You must attach a copy of the Separation Agreement to the complaint you file to initiate your divorce proceeding.
This is only true if you did not ever file the Separation Agreement with the court.
You can ask the court to include or incorporate some or all of the terms of your Separation Agreement into the divorce judgment.
Incorporation of such terms in the petition for divorce usually makes it easier to finalize and enforce the terms of your divorce later.
However, the judge may require that the Separation Agreement have specific wording, and yours may not be what that particular judge desires in his/her judgment. -
Step 2: Determine if you can legally separate in New York.
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Step 3: Choose the proper court.
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Step 4: Prepare the Separation Agreement.
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Step 5: Finalize and file your legal paperwork.
-
Step 6: File for divorce.
Detailed Guide
If the you and your spouse are agreeable to the terms and conditions of your separation, you can voluntarily enter into a formal separation agreement in writing that you can file with the court (“Separation Agreement”) and obtain an Order for Separation.
A Separation Agreement and Order for Separation on file with the court will ensure that the terms and conditions agreed to between you and your spouse are enforceable against each other in the future., New York has residency requirements governing Separation Agreements in the state.
To become legally separated in New York, the following requirements must be met:
The couple was married in the state, either spouse is a New York resident when the action is filed, and has been residing in the state for at least one year before filing; The parties have resided in New York as husband and wife and either party is a New York resident when the action is commenced and has been a resident for at least one year before filing; The grounds occurred in the state and either party has been a New York resident for at least one year before filing; or Either party has been a New York resident for at least two years prior to filing the action. , This is typically the court with jurisdiction over the county in which both parties live and/or agree to mutually.
If you and your spouse live in different counties, the most convenient forum (or one that can be agreed to by both parties) is the most prudent selection., There are no forms available for a Separation Agreement.
Such agreements are typically drafted in the same manner as any contract between parties.The Separation Agreement becomes legally binding when signed by both parties and notarized.
It can be enforced if the terms are violated by the other spouse.
Be clear and concise when providing information.
For example, instead of writing, “Respondent will have visitation on weekends,” you may want to write, “Respondent shall have visitation with the parties’ minor children every other weekend from 6 p.m.
Friday to 6 p.m.
Sunday.” If you want, you can find a document preparation service online.
Online preparation service providers allow you to have your legal documents prepared without ever having to leave your home.
If you wish, you may file it with the County Clerk's Office in the county where either of you currently live.
There is typically a filing fee of $5.00.
A Separation Agreement can’t be back dated to take into consideration the time you were separated before signing the agreement.
You can find sample Separation Agreements online such as at: http://family.findlaw.com/divorce/sample-separation-agreement.html , Review the final Separation Agreement agreed with your spouse.
Both you and your spouse should sign the Separation Agreement before a notary.
Personally deliver the original Separation Agreement and two copies to the Clerk of Court, file the original Separation Agreement, pay the $5.00 filing fee, and retain the two certified copies—one for you and one for your spouse.
Your bank or a local fingerprinting service will both have notaries on staff. , One year after signing and notarizing the Separation Agreement, you or your spouse may file for a divorce based on your Separation Agreement.
This is called a “conversion” divorce.Using this method, no grounds based on default or legal reasons to grant a divorce are necessary.At the time you petition for your divorce proceeding in court:
The court will credit the $5.00 fee paid to file the Separation Agreement toward the divorce filing fees.
However, this is only if you file in the same county where you filed your Separation Agreement.
You must attach a copy of the Separation Agreement to the complaint you file to initiate your divorce proceeding.
This is only true if you did not ever file the Separation Agreement with the court.
You can ask the court to include or incorporate some or all of the terms of your Separation Agreement into the divorce judgment.
Incorporation of such terms in the petition for divorce usually makes it easier to finalize and enforce the terms of your divorce later.
However, the judge may require that the Separation Agreement have specific wording, and yours may not be what that particular judge desires in his/her judgment.
About the Author
Melissa Ortiz
Enthusiastic about teaching cooking techniques through clear, step-by-step guides.
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