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If the divorce is approved, the Judge will sign the Judgment of Divorce. The Defendant must be given a copy of the signed Judgment. Depending on the county, the Judgment will be mailed to you or you will have to pick it up. The Judgment must be filed with the County Clerks Office.
A Separation Agreement is a contract between you and your spouse, in which you both agree to live separate and apart, not to pay each others bills, decide with whom the children will live, what becomes of the marital property, or anything else both of you want to include.
If you committed adultery yourself during the marriage, you cannot use adultery as your grounds for divorce. If you stayed with your spouse for five years or more after discovering the adultery, you cannot file for divorce using adultery as grounds.
Separation and Dating If you and your spouse have agreed to separate and live separately, you might think its ok to date, but you are still legally married and all of the above caveats apply. If you get a legal separation, you can legally date since the court has declared you to be living separately and apart.
New York is not community property or a 50/50 state. New York is an equitable distribution state for property and debt. Under NY divorce law for property distribution, the court will decide how to divide property and marital debt using the states equitable distribution laws.
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To obtain an uncontested divorce online, you will need a Separation or Settlement Agreement that outlines all of your family issues, including the division of property, child custody, child support, and spousal support.
Separation can allow you to tackle various aspects of the divorce process, such as establishing a child custody arrangement and dividing marital property, more calmly. Without court fees and timelines hovering over their heads, spouses may find navigating these legal disputes docHubly easier during separation.
Although New York law now provides for a no-fault divorce), if you or your spouse can establish that you have lived separate and apart under a written separation agreement and have complied with the provisions of that separation agreement for more than a year, then you may obtain a judgment of divorce on that basis
​Yes in New York State, you can get a divorce without your spouses signature if your spouse fails to respond to the summons (no signature required divorce) or if you cannot locate your spouse (divorce by publication).
Write a motion requesting that the court convert your case from legal separation into a divorce. File the motion with the clerk of the court. The clerk will provide you with the date and time for a hearing on the motion. Send or deliver a copy of the motion, along with notice of the hearing, to your spouse.

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