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                                                                             SEPARATION AGREEMENT
A separation agreement is an agreement between the spouses that sets forth the terms and conditions by which the
parties will live apart.

The agreement must be
Signed By The Parties Before A Notary and filed with the County Clerk in the county where
one of the parties resides.
The agreement has to be signed by the parties at least (1) year prior to starting the
divorce proceedings.

If you and your spouse "
have lived apart for more than one year" according to the terms and conditions of a
"properly executed" separation agreement, you may maintain an action for divorce.

NOTE:   All information referenced above and/or duplicated within this page, is directly from the New York State Unified
        Court System booklet (and described in the New York Domestic Relations Law §170).

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