NYC Separation Agreement Lawyer
Paul E. Rudder, Esq. has years of experience helping clients draft and negotiate separation agreements that protect their rights and negotiate the best terms possible. Call (212) 826-9900 to arrange a consultation or email at firstname.lastname@example.org.
What Is A Separation Agreement?
Couples wishing to enter into a legal separation must have a separation agreement drawn up that needs to contain very specific language. The agreement must also be signed and acknowledged in a certain way so it can be qualified as a Separation Agreement. Couples getting a separation should not prepare their own agreement, but they should have the document drafted by an experienced attorney who ensures it clearly reflects both parties’ intentions and is enforceable.
Prior to October 2010 (the effective date of New York’s “no fault divorce” law) parties who wished to dissolve their marital relationship while minimizing both the emotional and economic stress of Court proceedings could and negotiate the terms of a contract fully resolving the various issues incidental to a divorce which may include, but are not limited to:
- Custody and visitation of children
- Child support
- Spousal support, maintenance or alimony
- Division and distribution of marital assets and other properties acquired
Once the document was completed and properly signed by each party, they could live separate and apart. Provided both parties abided by the key terms and provisions, one year from the date of the execution of the Agreement, either party could commence an action for divorce solely upon the ground of the parties having lived separate and apart. This was New York’s version of a “no-fault” divorce.
The signed Agreement in the above scenario was/is referred to as a “Separation Agreement”. When the subsequent divorce decree was drawn up, it would then incorporate the provisions of the Agreement into the Judgment of Divorce (absent a specific finding that any of the previous terms were grossly unfair).
Reasons Why Couples May Get A Legal Separation
Upon the introduction of “no-fault grounds” for divorce, a Separation Agreement has lost much of its impact except for those, who for moral, religious or other reasons are opposed to divorce, but are in a position where continuing to live and reside “together” is neither appropriate nor beneficial. While these parties may remain legally married, they qualify and quantify the terms, conditions and mutual obligations by which they intend to self-govern their on-going relationship. These parties may then negotiate and choose to live apart as husband and wife pursuant to the terms of their written agreement. This agreement, too, is a Separation Agreement. A binding contract if fairly negotiated and properly executed.
Some couples may decide to enter into a legal separation rather than getting a divorce if they have hopes of reconciliation and do not want to end their marriage. Other couples may enter into a separation agreement in order to allow one spouse to remain on the other spouse’s health insurance policy which may save both parties money long term.
How A New York Legal Separation Lawyer Can Help?
Should the parties entering into a separation agreement decide to live apart from one another, a separation lawyer will be able to advise the parties regarding his or her duties, responsibilities and the effects of the division and distribution of marital assets and liabilities. Subsequent to the exchange of financial data and interpersonal family information, the lawyer will undertake the negotiations of terms of settlement agreement. This agreement should provide for the identification and distribution of the property, financial duties and responsibilities and custody and parental access to children.
How You Can Obtain A Legal Separation Agreement In NYC
To obtain a legal separation agreement, you need an experienced lawyer who can draft and negotiate a lawful agreement that will best represent both parties’ interests.
Paul E. Rudder, Esq. has the experience drafting an agreement that will protect your rights and give you peace of mind. Set an appointment with an experienced legal separation agreement attorney in NYC today.
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