Just wondering how long it would take for a legal seperation IF THE OTHER PARTY DOES NOT CONTEST?

Thank you soooo much
Erica

George_1950

Welcome to AMHD. I don't believe you have provided enough information. Domestic relations law is determined by each state. I believe the states have some provisions of law for jurisdiction over non-residents in the military when stationed on a facility within a state, so that a trooper in NY doesn't have to go home to Oregon for a custody, child support, alimony order. You didn't mention whether there are children, debts, division of property, et al.

JudyKayTee

With a legal separation in NYS - you hammer out the terms of the Agreement, both parties agree and sign and the papers are filed. It takes as long as it takes to work out the details.

You obviously cannot get a legal separation without the consent of both parties - if one or the other refuses to sign, then you have to file for a divorce.

mommamia2

Yes, there are children, debt and properties...we have already agreed on our own and we would have both signed, and right now were out of country.

George_1950

Your legal counsel (JAG?) may be of service; don't they prepare wills for service members? They may prepare contracts as long as there is not an issue being contested; such an agreement could be signed and notarized, for what it is worth. If it includes custody and child support, the contract may be enough to support a payroll deduction (allotment, right?) to the custodial parent. But it sounds like you may have to wait until a return to the U.S. to get a legal separation; please understand that some states don't recognize such a status; you are either married or you aren't.