Separation Agreement

[attf001]

What is the name of your state? NJ

My fiance lives in NY State. Her spouse is filing for an uncontested divorce. They have lived apart for at least three years. If both sign an agreement that they have been apart for this period will this satisify the legal grounds for divorce: "Living separate and apart for 1 year under the terms of a separation agreement." Or, would they have to wait for a year to pass, from present time before divorce proceedings can take place? We would like divorce proceedings to take place A.S.A.P.

 

[redheads1985fun]

AS I KNOW SOME NEW YORK DIVORCE LAWS I WOULD SUGGEST YOUR FRIEND FILE FOR A SUMMARY JUDGEMENT DIVORCE, IF THE MARRAIGE IS LESS THAN 12 YEARS, IT IS QUICK AND EASY AND AWARDED IN 90 DAYS IF UNCONTESTED COST IS NOMINAL, CAN BE DONE IN NY FOR FILING FEES ONLY!

 

[stealth2]

Did they have a written separation agreement? If not, then the three years don't count for much. Living apart under the terms of a written separation agreement is New York's only true no-fault divorce ground.

And redhead - turn off the caps lock, wouldja? Makes it hard to read, and comes across as shouting on the 'net.

 

[redheads1985fun]

Sorry about the caps I am not normally the typist my secretary does that for me as a paralegal from new york I just know a summary judgement divorce is quick and easy if both parties agree to divorce. I did mine the hard way and recommend this way if amicable between parties sorry again momma your good!