How to Amend?

[npassarella]

What is the name of your state? NY

I already filed the verified complaint/action for divorce and got my index number. When I went to file all the other paper work they told me that "seperation" isn't an option for us because we never had a notarized letter agreement, we have just been living apart for 3 years. Now we already paid our filing fees and it has been less then a week, can we Amend the summons we already filed? and how do we do that?

Thank you,
Nikki

[Bali Hai]

Originally Posted by npassarella

What is the name of your state? NY

I already filed the verified complaint/action for divorce and got my index number. When I went to file all the other paper work they told me that "seperation" isn't an option for us because we never had a notarized letter agreement, we have just been living apart for 3 years. Now we already paid our filing fees and it has been less then a week, can we Amend the summons we already filed? and how do we do that?

Thank you,
Nikki

You will need to proceed with the divorce using fault grounds. The universal ground for this is "cruel and inhuman treatment". The other party will have to stipulate to this.

The other alternative is to get a legal separation (which you should have done in the first place) and wait one year.

To other New Yorkers out there, living apart one year or 40 years is not a valid legal separation in NYS without a filed legal separation agreement in place!!