Question #194: We have been separated since 1992. We had drawn up papers for separation with allocation of property, child support, alimony etc but I don’t think they were ever filed with the court. I have faithfully lived up to what was on those papers in regards to property, alimony and child support. Our daughter has finished college now and we would like to file for divorce. The only thing left is her college tuition loan to work out. Can that be a sticking point in regards to finalizing a divorce? Also what do we have to file? I live in Texas now but she still lives in Suffolk County New York.

You do not indicate whether these papers were drawn up by an attorney And whether each side was represented by counsel. It is important that the Separation Agreement be prepared by an attorney who has experience in matrimonial matters and the document is prepared properly. Although you may have an agreement, the agreement may not be binding and unless it meets the legal requirements necessary in matrimonial matters.
With regard to working out the tuition loan if both sides are amenable to a resolution it should not be difficult.
You must file the separation agreement and divorce papers to get a divorce and they must be approved by a judge. Since your spouse is living in New York State we can file in New York.

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Leonard M. Weiner, Esq./ Divorce Solutions