New York divorce law, procedure for filing separation agreement

Yes, you have to file the agreement with the Court for the one-year period to start to run. That starts the clock running. One year after it's filed, you can file the summons and complaint for divorce based on the filing. You file the original papers in the County in NY where you reside, and purchase an index number with a $190 filing fee. Then you have to have a copy of the summons and complaint served on your spouse (anyone can do it, except you). He/She can be served at home or at work, personally, or the summons and complaint can be left at his/her home with a person of "suitable age and discretion," which usually means someone over 18 who lives at the same address, but I strongly advise that it be given directly to your spouse. Then and affidavit of service has to be completed by the person who makes the service, and the affidavit has to be notarized. It then has to be filed with the Court. Next, your spouse has to file an answer to the complaint, and serve it on you.

I have read your question as well as the answers that were submitted. I can tell you that in Suffolk County you do not need to purchase an index # when you file your agreement. Also, the time starts running from the date of the signing of the agreement.

I suggest you contact your County Clerk to find out the procedure for filing your separation agreement in that county.

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In order to get a divorce in New York, fault must be assigned to either spouse, except when the divorce is based upon the ground of legal separation. Therefore, if a married couple wish to become legally separated so they may divorce without assigning fault to either party, then a valid written legal separation agreement is needed. I strongly recommend that you contact a family law attorney in your area. Good luck.