DivorceNet®

I have legal separation forms filled out, but my stbx won't look at them or make any decisions about them, can I file them without his signature. Been out of the house already for over a year, just want a legal date filed with the court to get the ball rolling.

Are you doing it by yourselve?

I believe whether you do it by yourselve or by an attorney, you just file with the court by yourselve and having a server delivers (usually in person) a copy to his known residence along with a court date of appreance for a hearing. It'll be then up to him to file a separate petition of his own or to respond for a delay, or to appear in court as scheduled.

In New York you cannot file a separation agreement unless it is signed and acknowledged by both parties.

I learn new thing everyday!

So what happens if one party doesn't sign? They can't file for divorce? Filing for legal separation doesn't mean one must agree with everything in the filing and still must wait for the judge's agreement during the hearing, right? Then why both must sign since signing means agreeing before hands.