Todd J. Zimmer
6080 Jericho Turnpike
Suite 319
Commack, NY 11725
Tel: (631) 493-0278
Fax: (631) 499-1549
E-mail:
tzimmer@toddzimmerlaw.com
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Separation
A divorce by separation, commonly referred to as a "conversion divorce," is the only true "no-fault" way to obtain a divorce in New York State. In order to obtain a legal separation, you and your spouse must enter into an agreement that settles all the outstanding issues of the marriage — custody, visitation, child support, maintenance, division of assets, etc.
Once the agreement, called the Separation Agreement, is signed and notarized, it is filed with the county clerk's office. To obtain a valid conversion divorce, the parties must live separate and apart from each other for one year under the terms of the agreement. After the year has passed, either party may start proceedings to convert the separation agreement into a final divorce.
Some people choose to wait several years before converting their separation agreement into a divorce. There is no automatic conversion; the parties must initiate the divorce process after a year or more of living apart pursuant to the terms agreed to in the written Separation Agreement.
