Question #63: SEPARATION: Question: My ex and I have been separated and have notarized separation papers in NY State for the past 3 years. We didn’t have anything to split up within the courts nor do we have any children. We just went our separate ways. We were only married less than a year! Her Uncle is a lawyer and he was supposed to file the papers for divorce for us after the 1 year penalty and we have been living completely separate lives for the past 3 years. NOW, her uncle just sent me only her final signed separation papers after all this time (which she did sign 3yrs ago). I was expecting my final divorce papers from him! I thought it was final years ago. I have no contact with her and apparently I need to file these papers on my own. What should I do? Where should I go? Is this process going to be costly? Is she going to have to be involved in the filing? Do I need a lawyer? Please help! This needs to be taken care of ASAP

In order to make sure that the Separation Agreement was prepared properly, I would have to review it to make sure you covered all of the legal requirements , and that you have included the necessary provisions in order to file your divorce papers and be sure that all of these matters will not come back to haunt you later on in life.These papers are too important to leave to self-help.

If you’re living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to review the Separation Agreement and to discuss the filing of divorce papers. If all the papers are in order, we may be able to file without getting your spouse involved.

Leonard M. Weiner, Esq./Divorce Solution