What is a Conversion Divorce in New York State?

In the State of New York, a conversion divorce is a divorce that’s been converted from a legal separation into a divorce. It basically allows you to convert a formal legal separation into a full-fledged divorce (either through a separation agreement or a judgment of separation). The result is a final divorce judgment, provided certain requirements are met. In this article, the Rockland County, NY, divorce lawyer at the Law Office of Robert S. Sunshine will discuss the process of converting a legal separation into a divorce.

Understanding conversion divorces in New York State

You must have a legal separation in place to pursue a conversion divorce. This can include either:

• A written separation agreement signed by both parties and notarized, or
• A judgment of separation granted by the court.

In addition, you and your spouse must have lived “separately and apart” for at least one year under the terms of your separation agreement. It’s important that you have also substantially complied with all the terms and conditions outlined in the separation agreement during this period.

After your one-year period of separation is completed and the terms of the separation agreement have been substantially met, either party can file for a conversion divorce. In addition, you will not be able to file for divorce on fault-based grounds. A conversion divorce is considered a “no-fault” divorce in New York. You will not need to prove your spouse caused the breakdown of the marriage by proving elements such as adultery or cruel and inhuman treatment. The foundation of a conversion divorce is irreconcilable differences.

Understanding the key elements of a conversion divorce in New York

To pursue a conversion divorce, you must have a valid separation agreement in place. The foundation of the conversion divorce is a legally binding separation agreement or a “judgment of separation” that addresses such matters as the division of property and debts, spousal support (alimony), child custody, visitation, and child support.

The party who is seeking the divorce must also demonstrate that they have substantially complied with all the terms and conditions outlined in the separation agreement.

A conversion divorce offers a streamlined process for ending a marriage. Since many of the key issues have already been addressed in the separation agreement, a conversion divorce is often more straightforward and less contested. It provides an easier way to finalize your divorce when compared with a traditional fault-based divorce.

It should be noted here that while a separation agreement is necessary for a conversion divorce, it’s not a requirement to get a divorce in the State of New York. Since 2010, New York has allowed “no-fault” divorces based on the irretrievable breakdown of the marriage for a period of at least six months, regardless of whether or not there is a separation agreement.

Talk to a Westchester County, NY, Divorce Lawyer Today

Are you looking to draft a legal separation agreement or convert your separation into a divorce? If so, call the Westchester County, NY, divorce lawyers at the Law Office of Robert S. Sunshine today to learn more about how we can help.