Legal Question in Family Law in New York

Legal Uncontested Divorce Docs in NY

Where can I find legal documents necessary in completing an uncontested divorce in NYS? Both parties have executed a Separation Agreement and agree to default on any future divorce proceeding. Upon executing said Separation Agreement, must we wait the one year before filing for divorce. Thank you.


Asked on 5/14/98, 7:55 am

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

documents required for uncontested divorce

(1) Do not forget to formally file the executed separation agreement with the County Clerk. (2) Depending on where you are & the totality of your "circumstances" [read: 'finances'] a local legal services/legal aid-type entity *might* be able/willing to help you locate/compile blank forms. (3) You might contact the lawyer's referral service of the bar association in your county with good results. (4) However, if you have confidence in your ability to "connect the dots", the first resource is probably your local Supreme Court Law Library, where you should be able to find some sample forms in one or another of the research treatises.

One assumes that you realize that MANY very real and substantial rights and obligations are connected with the *status* that you seek to change - & one assumes you don't want to submit a set of papers a year from now, only to have them rejected by the Court {leaving you married}. Altho' I've heard that there may be once in a great while a combination of circumstances/situations so Cut-&-Dried that a couple might not be too reckless to attempt what you are doing without legal advice and counsel ... I've yet to actually see such a thing.

Be careful.

Regards, etc.,

jmhayes

-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-

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Answered on 6/03/98, 10:21 am


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