| Pursuant to New York's Domestic Relations Law, | | | | Notary Public |
| Section 170.6, a duly executed and acknowledged | | | | Frequently, individuals belatedly discover that |
| separation agreement may be used as the basis for | | | | separation agreements that were executed outside |
| a divorce on or after its one-year anniversary. When | | | | of New York cannot be used as the basis for a New |
| a divorce is obtained in this manner, it is referred to | | | | York conversion divorce because of the different |
| as a "conversion divorce." The one-year time period | | | | form of acknowledgment that is used in other |
| runs from the proper execution of both husband's | | | | jurisdictions. The drafting of a separation agreement |
| and wife's signatures before a notary public, not from | | | | should be overseen by an experienced New York |
| the agreement's filing date. A separation agreement | | | | divorce attorney. |
| cannot take into account, for purposes of calculating | | | | The agreement must be filed in the county of |
| its maturity, any time spent already separated prior | | | | residence of either Plaintiff or Defendant. Filing of the |
| to the agreement. | | | | separation agreement is normally done prior to the |
| The legal requirements applicable to the execution | | | | commencement of the divorce action, but may be |
| and acknowledgment of separation agreements in | | | | done simultaneously. It may also be done |
| New York are strictly enforced. New York's Domestic | | | | simultaneously with submission for placement on the |
| Relations Law requires that a separation agreement | | | | court's Uncontested Divorce Calendar (which is |
| be subscribed by the parties thereto and | | | | accomplished by filing a Note of Issue). In any case, |
| acknowledged or proved in the form required to | | | | the circumstances under which the agreement was |
| entitle a deed to be filed in New York State. The | | | | filed must be accurately stated in the pleadings. If a |
| acknowledgment, which appears at the end of the | | | | separation agreement is used as the basis for a |
| agreement, should be in substantially the following | | | | divorce, the pleadings and other court papers should |
| form: | | | | contain the following language: |
| STATE OF NEW YORK, COUNTY OF NEW YORK ) | | | | Plaintiff and Defendant have lived separate and apart |
| SS. | | | | pursuant to a written agreement of separation. The |
| On the day of _______, 20____ before me, the | | | | agreement has been acknowledged by both parties |
| undersigned, a Notary Public in and for said State, | | | | in the manner required for a deed to be recorded. |
| ___________ personally appeared personally | | | | The agreement has been filed with the County Clerk |
| known to me or proved to me on the basis of | | | | of ________ County on (prior date) or has been |
| satisfactory evidence to be the individual whose | | | | filed simultaneously with the summons and complaint, |
| name is subscribed to the within instrument and | | | | or has been filed simultaneously with the note of |
| acknowledged to me that he executed the same in | | | | issue. Plaintiff has substantially performed according |
| his capacity, and that by his signature on the | | | | to the terms of the agreement. |
| instrument, the individual, or the person upon behalf | | | | A single copy of the agreement must be attached to |
| of which the individual acted, executed the | | | | the pleadings when submitted to the court for |
| instrument. | | | | placement on the uncontested divorce calendar. |