Separation agreements should be developed by a lawyer. Experienced lawyers at Haas Associates, P.A. can prepare a separation agreement or review an agreement developed by someone else. Although New York law now provides for a no-fault divorce, if you or your spouse can prove that you lived separately and separated under a written separation agreement and have complied with the terms of that separation agreement for more than a year, you can obtain a divorce judgment on that basis alone. A faultless divorce requires only an affidavit that the marriage has been irretrievably crushed for six months or more. The separation agreement can also be filed as part of a divorce decision if you or your spouse decides to file for divorce because of disorder, instead of waiting until the year necessary to file for divorce based on the fact that they lived separately and separately as part of a separation agreement. If you and your former partner decide to reunite, you can ask the court for your separation to be annulled. You owe the court that you have reconciled as a couple and that you intend to resume life together as a man and a woman. If you enter into a “separation agreement” (more detailed on question 8) without submitting it to the court, it is a contract between you and your spouse. This is not a court decision. While it is not a bad idea to have a contract, it can be difficult to impose it; Therefore, you will probably want to present your agreement with the court and ask the judge to follow you and your spouse. Divorce is a big decision and should not be done impulsively, ruthlessly or without much thought and investigation. As you probably know, statistics show that 1 in 2 marriages ends in divorce.
Collect as much information as possible about divorce. Talk to your friends. Any questions. Read books. Check out more articles on this site. Go to your county`s estate and family court to observe hearings and trials. Most family court proceedings are public. If these are complex real estate, retirement, custody or tax matters, talk to a lawyer or accountant to clarify the tax or legal consequences of your separation contract. According to this Forbes article, there are some possible benefits of a separation instead of a divorce: yes, they can do so if they are established correctly with independent legal advice on both sides. The weight they place in court depends on the content of the agreement and the circumstances in which they were concluded, which we discuss later. A separation agreement can often be turned into an approval decision later in the divorce process, leaving your lawyer to establish it properly and applying to court – making it legally binding. If you and your spouse divorce at the end, there are several things that can happen with the separation agreement, depending on how it was written.
First, the separation agreement could mean that it will be part of the subsequent divorce judgment. This is called merger. When a separation agreement provides for a divorce order, the post-divorce separation agreement is no longer considered a separate and enforceable contract and can be changed more easily. For a new and innovative approach to separation and divorce, where you have access to experts other than just lawyers, visit our Green Divorce page, on which we are proud to offer a collaborative and holistic model of non-process solution. No, unless you want your lawyer to make an application to turn it into a consent order. As a general rule, the legal process has not yet begun, which is why the separation of couples may opt for a separation agreement until they are ready to make their terms final and binding in the context of a subsequent divorce transaction. If you have questions about your rights, you should consult your own lawyer to determine if your agreement is appropriate and fair.