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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 34897
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I want a to get separation from my wife, how do I about

Customer Question

I want a to get separation from my wife, how do I about getting such papers, also my wife will not sign any separation papers.
Submitted: 2 months ago.
Category: Family Law
Expert:  LawTalk replied 2 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Under NY law, there are two ways to obtain a legal separation. You and your spouse either must enter into a written legal separation agreement, or you will have to petition the NY Supreme Court for an order of Legal Separation. While NY does provide forms for a divorce, it does not provide forms for a legal separation petition. However, you can get templates for use in petitioning for a legal separation at your local law library.

You would be better off having a local family law attorney do this for you---but if you have more time than money, you can try and do it yourself. Virtually every county has a law library. Ask the law librarian to show you where the books on Pleading and Practice are located. Generally there are many volumes of Pleading and Practice books from which you can pick the proper one for your situation. While the librarian is typically not a lawyer, and cannot practice law, most are quite willing to assist you in locating the chapter in the Pleading and Practice book which you will need.

Once you have found the appropriate pleading, you will note that in addition to the sample pleading which contains all of the necessary structure for your Pleading, there may also be suggestions to make your pleading more persuasive. Prepare your pleading in accordance with the suggested format in the book, inserting the facts of your case as you know them to be. Then all you will need to do is to draft the pleading on your computer, print it out and file the original with the court while serving the other party, or their attorney, with a copy.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 2 months ago.


This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,


Expert:  LawTalk replied 2 months ago.


Is there anything else I can assist you with today?


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