Legal Separation

New York City Legal Separation Attorney

 

Filing for a Separation Agreement

In New York state, legal separation may be used as grounds for divorce, but it is not sufficient simply to live apart. You must have a valid, written legal separation agreement. This legal separation agreement will declare that you and your spouse are separated and living apart. It will include provisions concerning child custody and visitation, child support and spousal support, and property division.

Certain requirements must be followed in order for a legal separation to be valid:

  • The separation agreement must be duly executed and properly filed with the county where either party lives.
  • The couple must live apart during the period of the separation agreement until the time when the divorce is filed.
  • The parties must have complied with the terms of the separation agreement throughout the period of separation.

Twelve months after the separation agreement has been executed, assuming the provisions in the agreement have been complied with, it is possible to file for divorce based on the separation agreement.

If you and your spouse have agreed that a divorce is in your best interest, or that you wish to separate prior to divorce, contact the Midtown Manhattan law office of Myburgh Law, P.C. As an experienced matrimonial attorney, I can advise you on the important issues that need to be considered to enter into a separation agreement in New York.

NYC Separation Agreement Lawyer

Whether your marriage ultimately ends in divorce or a separation provides the time you need for reconciliation, it is important to understand how the terms of your separation agreement will affect your near future and possibly the course of your divorce.

As a separation agreement will form the basis of your divorce settlement agreement, it is important that it is well-crafted. It will further serve to speed up the divorce process and reduce the overall cost of your divorce. At the same time, it’s important that you take steps to protect yourself financially so that the separation period is not unduly stressful because of support problems.

It’s also important to protect your relationship with your children. Your agreement should provide for child custody, visitation and child support arrangements in enough detail to minimize the chance for problems to develop.

If you want to learn more about legal separation agreements, talk with me. I can provide the experienced assistance you need to draft a legal separation agreement that protects your rights throughout this transition period.

Find Out More About Legal Separation With or Without Divorce

Contact my law office to schedule a consultation with a New York City legal separation lawyer. Call 646-380-0130. The earlier you contact an experienced NYC separation agreement lawyer, the more your lawyer can do to help you.