Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS

Question #128:
My parents have been separated for over 30 years. My mom has been keeping her separation agreement (from their lawyer at the time) thinking it is the same as a divorce certificate. She claims her lawyer at the time told them they will be automatically divorced after one year. That lawyer has passed away.



How can she go about getting a divorce certificate without having to find my dad to sign anything? We heard he moved to a different country. Their separation agreement was very detailed and they had no unresolved issues.



How fast can this be processed or finalized?



Answer:
My parents have been separated for over 30 years. My mom has been keeping her separation agreement (from their lawyer at the time) thinking it is the same as a divorce certificate. She claims her lawyer at the time told them they will be automatically divorced after one year. That lawyer has passed away.



How can she go about getting a divorce certificate without having to find my dad to sign anything? We heard he moved to a different country. Their separation agreement was very detailed and they had no unresolved issues.



How fast can this be processed or finalized?



Answer:



If the Separation Agreement was properly prepared, your mom can use it as the grounds for divorce without having to get your father's consent for the divorce. He will, however, have to be served with the Summons and Complaint.

The time it takes depends on how long it takes to resolve any outstanding issues, the time it takes to have the papers drawn up and executed, and the backlog in the specific County in which your mom resides.

Generally, it takes 2-3 months.

If your mom is living in the NYC metro area, have her call me at 212-370-1660 to arrange for a meeting to discuss this matter further.



Leonard M. Weiner, Esq./Divorce Solutions
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