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Do I have to file the separation agreement?

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Mrowka

Member
What is the name of your state? New York

My husband and I decided to sign a separation agreement (the do-it-yourself kind). I know that in order for it to become valid basis for a divorce in New York it has to be filed with the county clerk. My question is: do I have file it with the clerk at the time of signing or would it be fine to do it right before filing for a divorce (if we decide to go through with it)?

Thanks
 


ellencee

Senior Member
Well, look at it this way--if the court hasn't approved and signed the agreement into an order, it's not worth a thing. You're still liable for debts incurred due to accidents, etc. until such time as a court says you aren't.

If you aren't sure about getting a divorce, then throw the agreement away and work on your marriage. As long as two normal people are married, there is no such thing as a marriage without problems, anger, frustration, disappointment, and honestly considering if you were out of your mind when you married the person. Even Mrs. Rev. Billy Graham answered when asked if she had ever considered divorce, 'divorce--no; murder--yes'.

If you have children together and forsee peace and tranquility, I would say you were dreaming, but after a few years, or many years, exspouses have a way of learning to get along. It would be better for everyone involved if they took the time and effort to do that first and skip the divorce and all the subsequent turmoil.
 
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Mrowka

Member
Thank you for the answer.

Our agreement is not the court order - just a private contract between us. We signed it because after trying to work things out for 2 years we were getting nowhere, but were not ready to get a divorce. Especially that in NY there is no "no-fault" divorce but you have to have some serious grounds (adultery, abuse, etc). I just feel that the only thing that makes sense for us right now is to have some time apart, so we can see how we feel about things and think everything out calmly.

Now I wanted to make sure we comply with the regulations, so, if after some time, we realize that we can't make it work, we can use this agreement as a basis for peaceful divorce. I know law requires that the agreement be filed with the clerk before it can be used for divorce. I just don't know if it has to be filed now or only if we decide to go ahead with that divorce.
 
call your county or district clerks office. I had the same type of question and called the law library at my local court house. they referred me to the district clerks office who handles the filing - I was told to file my original petition for divorce and then after my (then) spouse recieved a copy of the original petition to come back and file my marital settlement agreement. My ex and I are and were in diff. states so he signed and had notarized a waiver of citation which I filed with the MSA after the filing of the original petition for divorce. Laws are different for different states. I'm in texas. I didn't have to file the MSA before filing for divorce.
 

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