In holding that a “parenting plan agreement” does not constitute a “separation agreement,” an upstate appellate panel has narrowly construed New York’s already uniquely stringent divorce requirements.
In a one-paragraph memorandum, an Appellate Division, Fourth Department, panel ruled that the separated couple’s agreement, which set forth the terms for custody and visitation for their three children, did not satisfy the agreement element of the state’s only “no-fault” grounds for divorce—living apart for at least one year, per the terms of either a separation agreement or judicial judgment of separation.
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