My ex and I went to a mediator had a separation agreement drawn up by their attorneys. We signed the agreements in the presence of the attorney who notorized it. We each have a copy and the mediation firm also has a copy on file. It appears after speaking with the county clerk, these papers were never filed with them. I wanted to "convert" this to a divorce for final closure.That is when I was informed the separation had to be on file with the clerk for six months first. So my question is this, without suing for divorce is there away around this? If not after the six months is up what do I need form wise to "convert" this to a divorce or is it not that simple? I live in Nassau County NY any guidance in this matter is greatly appreciated.

Happy Holidays!

My ex and I went to a mediator had a seperation agreement drawn up by thier attorneys. We signed the agreements in the presence of the attorney who notorized it. We each have a copy and the mediation firm also has a copy on file. It appears after speaking with the county clerk, these papers were never filed with them. I wanted to "convert" this to a divorce for final closure.That is when I was informed the seperation had to be on file with the clerk for six months first. So my question is this, without suing for divorce is there away around this? If not after the six months is up what do I need form wise to "convert" this to a divorce or is it not that simple? I live in Nassau County NY any guidance in this matter is greatly appreciated.

Happy Holidays!

Somebody dropped the ball. Whose job was it to file the paperwork with the clerk - your attorney or your wife's? Do they have a receipt proving that they did indeed file the paperwork?

If the law in NY has a 6-month separation requirement, then you need to fulfill that requirement.

How long ago was this supposed to be filed? When did you become aware that it was not filed?