Hi, My husband and I seperated almost a year ago... seperated as in living in seperate households, not legally. I live in NY still and he has moved to Pennsylvania. We do not own a home and have no real assetts to worry about and it seems we can agree about visitation etc. Since this is a completely uncontested arrangement I want to get out of this the cheapest way possible since he wont pay for anything and I still see very little child support. I found a site called legalzoom.com where I can file papers for legal seperation for minimul amount of money. Does anyone know of this site and if NY state courts accept this kind of seperation agreement? Thanks in advance for any help you can give. D
You'd still have to show up to court with that. My suggestion would be to sit with a mediator nd hash out an agreement. They tell you what you need to know, don't cost a lot and are primarily for people who are able to work through the process somewhat amicably.
I do believe that the state of NY says that you need to be legally separated for 1 year BEFORE you can file for divorce. That means you guys have to go to the court house, file the sep papers THEN be legally sep for a year. Then and only then can you file for divorce papers. Here's a link to NY state laws: http://document-do-it-yourself-service.com/divorce_laws/new_york_divorce_laws.html maybe it will help?
You can have a legal separation and then in one year it is finalized in NY. As far as the child support, there are legal guidelines that will be followed to figure out the child support. It all depends on income and who is the custodial parent. Once a motion for support would be filed you will receive some type of child support. This can be done while the separation is going on. he should be supporting any children of the marriage. you could go and see a mediator or go right to a attorney to have an agreement finalized.