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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Does a separation agreement filed in NY state in the county

Customer Question

Does a separation agreement filed in NY state in the county clerk's office serve as a basis for a divorce?
Submitted: 2 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 months ago.

Good morning. It can be used and/or incorporated in the divorce process. I say this because 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 alone. Of course, the separation agreement can also be submitted as part of a divorce decree, if you or your spouse decides to seek a divorce on the no-fault ground, rather than wait the required year to seek a divorce based upon having lived separate and apart under the terms of a separation agreement.

Customer: replied 2 months ago.
If the agreement is not made with the aid of an attorney can it still be used as a basis for a no fault divorce. The parties are elderly, in their 70s and have been married for 12 years. There are no children of the marriage, and both parties are able to maintain their lifestyle without financial contribution from the other party.
Expert:  FamilyAnswer replied 2 months ago.

Yes, it can still be valid and used as a basis for a divorce. The couples does not need an attorney to file and they can handle it on their own, if this is uncontested. The clerk of court in the family division has the forms for them to fill out and file, to start the process.

Customer: replied 2 months ago.
Is one of the forms a financial disclosure of each party's assets? What is the penalty if one party fails to set forth all their assets at the time of filing for the divorce?
Expert:  FamilyAnswer replied 2 months ago.

Yes, everything needs to be disclosed and if it is not and/or a party failed to provide them, there could be issues since it needs to be disclosed so both parties are aware.

Expert:  FamilyAnswer replied 2 months ago.

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