Full question:
I filed for an uncontested divorce in June 2008, it was denied because we haven't been legally seperated for one year. Are my divorce papers now considered to be my legal seperation papers? If I refile for divorce in June 2009 will it be approved?
- Category: Divorce
- Subcategory: Separation Agreements
- Date:
- State: New York
Answer:
A separation agreement may be included and incorporated into a no-fault divorce in New York. New York permits a summary divorce to be granted if the parties have lived separate and apart for a period of one year pursuant to a written agreement of separation. The plaintiff must submit proof of substantial compliance with the terms and conditions of the separation agreement. A separation agreement included in the original filing may be reproduced in a later filing and refiled. If it isn't accepted and isn't currently filed, a separation agreement is merely a contract between the parties and not enforceable as part of a divorce. Where the parties intend a "separation agreement" to be incorporated but not merged in the divorce decree, the agreement remains a separate, enforceable contract and is not superseded by the decree. Whether it is to be incorporated and merged into the divorce decree is determined by the language of the agreement. If it is not, it is possible for the court to modify the terms in the final divorce order. It will be a matter for the court to determine whether the documents filed are proper and a divorce should be granted. Typically, a separation agreement that is freely and fairly made will be enforced.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
