Need for separation agreement after actual living apart for years

[senderm]

What is the name of your state? New York

We separated and moved to diferrent residences few years ago, but never filed for formal civil divorce (just filed a religous divorce in a sinagogue).

Now we want to file civil divorce and think that "converion"/no fault type will be the best for us.

We are not sure if we are required to file a new separation agreement and than wait for another year before we can actually divorce?

Thanks!

 

[LdiJ]

What is the name of your state? New York

We separated and moved to diferrent residences few years ago, but never filed for formal civil divorce (just filed a religous divorce in a sinagogue).

Now we want to file civil divorce and think that "converion"/no fault type will be the best for us.

We are not sure if we are required to file a new separation agreement and than wait for another year before we can actually divorce?

Thanks!

If the two of you AGREE that you have been separated for several years I don't see how it would be necessary for you to wait for another year to divorce. Perhaps you need to be consulting with an attorney.

 

[senderm]

Thanks! So, we could file for conversion divorce with the separation agreement that states that we lived separately for years and expect to be divorced right away?

 

[LdiJ]

Thanks! So, we could file for conversion divorce with the separation agreement that states that we lived separately for years and expect to be divorced right away?

Hon, you REALLY need to consult with an attorney!

 

[rmet4nzkx]

The answer was given on OP's other thread with references to NY laws and ofrms for filing for Summary Divorce which is what OP is inquiring about.
https://forum.freeadvice.com/showthread.php?t=228443