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State Support Forums >> New York
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harmon
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Reged: 06/19/08
Posts: 1
backdate seperation agreement for no fault divorce
      #213017 - 06/19/08 01:05 AM (132.185.240.122)
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My estranged wife and I have lived separately apart 5 years ago, and we now would like to have an un contested no fault divorce in NY State. We remain friends, have no children, nor do we have property to divide.

As we have lived apart for five years, we would like to backdate our separation agreement to reflect having lived apart for more than one year, to avoid having to wait another year to file for a divorce.

I have read that this is not that uncommon, but unsure how would this work.

Has anyone had experience with?

Is this all in the wording of the separation agreement? Do we backdate the agreement and sign in front of a notary? Will notary backdate, or does that not matter if we are signing separation agreement backdated several years?

Thanks in advance for any help you can provide.

Edited by harmon (06/19/08 01:07 AM)


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theanswerguy
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Reged: 04/12/07
Posts: 2144
Re: backdate seperation agreement for no fault divorce [Re: harmon]
      #213018 - 06/19/08 01:17 AM (205.188.117.143)
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Forget about backdating , it's illegal . The easiest way to attain an uncontested divorce is to have either party file under the grounds of constructive abandonment ( no sex for at least one year ) . With grounds it's not necessary to wait the additional year of legal separation .
Try here :

http://www.nycourts.gov/litigants/divorce/UCS_DivorceBklt.pdf

--------------------
Never let your sense of morals get in the way of doing what's right. Isaac Asimov


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