How do I file a legal separation with the court?

Asked on September 7, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The way one files a petition for legal separation from one's spouse is to go down to the county court house where you reside and ask the county clerk for a pre-printed form to be filled out and filed with the clerk with the issuance of a summons. If the court clerk does not have a pre-printed form for a legal separation, go to the county law library and ask the librarian for assistance with the form.

One the form is filled out as well as the summons, take them (with copies) to the court clerk with a filing fee to be filed. Once filed, have a process server serve the spouse with the papers that have been filed. The court clerk will then submit to all parties after all have appeared notice of any applicable upcoming hearing dates for court appearances.


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