How do I file a legal separation with the court?

UPDATED: Sep 7, 2012

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How do I file a legal separation with the court?

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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