Family Law Questions? Ask a Family Lawyer Online.
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.
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.
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.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.