thread closed?

[pjjones]

What is the name of your state? CA, NY

Any idea why the thread I started, "consequences of default judgment - CA legal separation", is "close"? I was trying to reply to one of the posts in the thread and got a message saying the thread is closed ...???

[AHA]

Originally Posted by pjjones

What is the name of your state? CA, NY

Any idea why the thread I started, "consequences of default judgment - CA legal separation", is "close"? I was trying to reply to one of the posts in the thread and got a message saying the thread is closed ...???

If you didn't close it, a moderator did. The legal question might have been answered and there was no need to keep the thread going.

[You Are Guilty]

To answer your question from the prior post, you appear to be confusing a "separation agreement" with an "judgment of separation" (aka "separation decree"), the former being a relatively informal document you file with the county clerk and the latter being an actual court order.

The judgment of separation has five potential bases: (1) cruel and inhuman treatment; (2) abandonment; (3) nonsupport; (4) imprisonment; and (5) adultery. (You'll note four of the five are also grounds for divorce). The big difference between the two is that for separation, abandonment need not have persisted for one year.

You can find a lot more information at the court's website here: [url]http://www.nycourts.gov/litigants/divorce/ud_instructions.shtml[/url]

[pjjones]

Originally Posted by You Are Guilty

To answer your question from the prior post, you appear to be confusing a "separation agreement" with an "judgment of separation" (aka "separation decree"), the former being a relatively informal document you file with the county clerk and the latter being an actual court order.

The judgment of separation has five potential bases: (1) cruel and inhuman treatment; (2) abandonment; (3) nonsupport; (4) imprisonment; and (5) adultery. (You'll note four of the five are also grounds for divorce). The big difference between the two is that for separation, abandonment need not have persisted for one year.

You can find a lot more information at the court's website here: [url]http://www.nycourts.gov/litigants/divorce/ud_instructions.shtml[/url]

Yes, I know about the 5 grounds for judgment of separation; that's why I kept saying that the "judgment of separation" requires proving fault. But, some other posters were saying that it's possible to get a court ordered separation by the end of the year without proving fault. The only way to get a "legal" separation without proving fault is to file a "separation agreement," which, as you said, is relatively informal and filed with the county clerk. But, another poster was saying you can get a "separation order"(?) which I've never heard of before. I was trying to get the posters who said that a court ordered legal separation is possible in NY without proving fault to explain how to do that. I've been to the link you gave before, and nowhere does it give information on getting a no-fault court ordered separation.

[Bali Hai]

[quote=pjjones]Yes, I know about the 5 grounds for judgment of separation; that's why I kept saying that the "judgment of separation" requires proving fault. But, some other posters were saying that it's possible to get a court ordered separation by the end of the year without proving fault. The only way to get a "legal" separation without proving fault is to file a "separation agreement," which, as you said, is relatively informal and filed with the county clerk. But, another poster was saying you can get a "separation order"(?) which I've never heard of before. I was trying to get the posters who said that a court ordered legal separation is possible in NY without proving fault to explain how to do that. I've been to the link you gave before, and nowhere does it give information on getting a no-fault court ordered separation.[/QUOTE]

That's because NY doesn't have such a thing.

You either both file an uncontested separation agreement together and wait one year or one of you files for divorce and maybe wait three years.

Hint: "Proving" fault is different than alleging fault. If New York divorce cases were required to prove fault, there wouldn't be many divorces in New York.

Your attorney can help you dream up the juicy stuff to tell the court.

[pjjones]

Originally Posted by Bali Hai

That's because NY doesn't have such a thing.

You either both file an uncontested separation agreement together and wait one year or one of you files for divorce and maybe wait three years.

Yup, that's what I had thought. There were other posters in my original thread who thought otherwise, so I was trying to get more info from them.

[You Are Guilty]

Originally Posted by pjjones

Yup, that's what I had thought. There were other posters in my original thread who thought otherwise, so I was trying to get more info from them.

I think they just had their wires crossed. There jest ain't no such animal. However, as noted, "allege" <> "prove", so it might be worth a shot. All the forms you'd need are on the court website.