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How do I separate from my spouse in NY?

If you and your spouse decide to live separate and apart, but you do not want to divorce, you can enter into a separation agreement. A separation agreement is a written agreement that you and your spouse voluntarily sign without involving the court.

How much is a legal separation in NY?

The Separation Agreement becomes legal (binding) as soon as it is docHubd. You may file it (if you wish) with the County Clerks Office in the County where either of you live now (in Queens this is in Room 100, First Floor of this building). There is a filing fee of $210.

Do you have to file legal separation in NY?

The party who does have an attorney may later find the other party relying upon lack of counsel as the basis to invalidate the terms of the agreement. Although not required, it is advisable to file the signed legal separation agreement with the county clerk. It may only be filed in the county in which a party resides.

Is there legal separation in New York?

Obtaining a Legal Separation in New York In New York, there are two ways to obtain a legal separation: Amicably resolve differences and memorialize them in a settlement agreement; or. Fle an Action for Separation with the court to get a Judgment of Separation in a contested proceeding.

How long do you have to be separated in NY?

For a no-fault divorce, you must be separated from your spouse for at least one year.

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