Never Filed Separation Papers in NYS..but we want to divorce NOW.

[jackson123]

We filled out the forms, even signed them; but never filed. I don't know, maybe we hoped things would change. Anyway, it's been over a year; we've both moved on and would like to divorce....however, NYS requires a 'cause', which we really don't have; we could of course claim abandonment; but I confess that term bothers us.

According to what we've read, we needed to file the agreement with the county clerk in order for the agreement to be valid; which would have allowed us to have a "no-fault' divorce.

Is this in fact true and is there nothing we can do besides wait another year or "blame" one of us, for the divorce?

Any suggestions?

 

[Duranie]

NY is a pain in the butt to get divorced in. Have you talked to an attorney? I think the only way to divorce no fault is for one of you to move out of state then wait for jurisdiction requirements to be met then file there.