This form is form married persons with adult children with no joint property or joint debts. This form is for the State of New York.
This form is form married persons with adult children with no joint property or joint debts. This form is for the State of New York.
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Having a separation agreement is what makes you legally separated. You are not legally separated unless you have it. You and your spouse must voluntarily agree to all the terms of your separation agreement. The court will not force a separation agreement upon you.
Believing it will save time or money, some divorcing couples in New York attempt to create their own agreement without professional assistance. In New York, a separation agreement must be executed with the same formality required for a deed to be recorded, which includes having a notary sign an acknowledgment.
Contact your local Bar Association for information, or the newspapers. § The Separation Agreement becomes legal (binding) as soon as it is notarized. You may file it (if you wish) with the County Clerk's Office in the County where either of you live now (in Queens this is in Room 100, First Floor of this building).
If the plaintiff has submitted the Notice to the court, but it has not yet been served on the defendant, the plaintiff can withdraw the divorce by filing a Notice of Discontinuance. This ends the divorce entirely, but either party can easily resume it by filing a new Notice.
A separation agreement generally becomes invalid and void when you begin living together again with an intent to reconcile.