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All couples experience difficulties throughout a marriage. While some couples can manage to work through their family issues, others cannot. But, there are also instances when an actual divorce is not necessarily the right answer to their problems. Sometimes an official legal separation agreement works best when there are extenuating or mitigating circumstances involved. Many couples do not realize this option when deciding how to proceed concerning a potential divorce. There are always several primary things to consider, especially when there are minor children involved. An effective separation agreement will be a legally binding arrangement between the spouses that should address all of the pertinent issues with the separation, which is why it is so important to consult with an experienced Manhattan separation agreement attorney before finalizing an agreement quickly.
Many times the best method to arrive at a feasible separation agreement is to take the case through mediation. Court systems like the state of New York actually endorse this procedure because it allows each party adequate opportunity to discuss separation issues from their own perspective in an informal setting. No records are maintained during a mediation process, and attorneys are not necessarily required when meeting with a mediator. However, it is important to understand that a personal legal counselor can be present, which is usually a Manhattan divorce attorney who can craft a case that thoroughly represents their client’s concerns. Parties to a mediation negotiation are not required to produce an agreement, but it can be the most efficient method of ensuring that final decisions are not made by the court and reflects the wishes of the spouses and children. This is especially important in family where one spouse has significantly more personal wealth.
What a Separation Agreement Should Cover
A legal and binding separation agreement can in many ways be just like a divorce agreement. Distribution or control of specific assets can be stated in the agreement, including retirement accounts, life insurance, and disposition of real property. Child support responsibilities and alimony or spousal maintenance can also be included in a separation agreement as well. Married couples who own a business often must mediate authority over the operation before beginning with the actual agreement to separate. This is a common issue with marriages where one spouse does not want to sign a complete release of financial claim rights over certain property. Having an experienced Manhattan separation agreement attorney means all pertinent financial issue can be determined first before settling other details.
Parenting Responsibilities and Rights
Parenting time is also a very important element of a separation agreement that involves minor dependent children, and this will be a central concern of the court system when an agreement becomes binding. Court judges realize that many times the children themselves do not have personal legal representation, opting to act as an advocate for the children’s rights as well. Merely assigning minor children to the mother is not necessarily the norm in current family separation situations, especially when the separating spouses will reside in different states, and the court often evaluates the actions of the spouses concerning their rights and responsibilities regarding their children. An effective and feasible parenting plan in association with an amiable separation agreement can influence the court to accept the agreement as the wishes of the couple and make it official through a court order. Couples who approach a legal separation maturely and seriously can make a difference when the agreement is submitted for approval.
Legal separation agreements are not always the best course of action for some married couples, but this step can assuredly be the answer in complicated families with unique problems that could be better without filing for a divorce that becomes a final and complete split for the spouses. There are many things to consider, with many of those problems being better remedied with the advantage of having an experienced Manhattan divorce lawyer who understands the position of the court when issuing marriage-based rulings that will impact an entire family. Many times a separation agreement is the best answer, and who is chosen as legal counsel can make a major difference. Designing your own separation agreement can be done without the benefit of an attorney, but it could also lead to more legal problems further down the road. In addition, the court may not be willing to approve the agreement. It is always best to have an attorney who can anticipate the determination of the court and help address all details during the negotiation process.
If you and your spouse have decided to get a divorce, you might be wondering how you should proceed. This can be a difficult time for everyone who is involved, so you probably want to do what you can to make things go smoothly. One thing that you should be focused on in the beginning is working with a team of Manhattan separation agreements lawyers so that you can work on a separation agreement. In fact, this should generally be one of the first steps that a person takes when getting a divorce.
What is a Separation Agreement?
Basically, a separation agreement is similar to a divorce agreement, but it’s designed to be temporary. When a married couple splits up, there are often a lot of loose ends that have to be tied up. You have to decide who will live where, who will take care of the kids, who will pay child support, how much child support will need to be paid and more.
Why Do You Need to File a Separation Agreement?
If you think that you and your spouse will be able to talk things over and come to an agreement on your own, you should know that it’s still important to work with a lawyer and to get your separation agreement in writing. In fact, this is important for a few reasons.
First of all, in many cases, the judge will require that you and your spouse have been apart for a certain length of time before granting a divorce. For example, if you want to file for a divorce under the grounds of divorce after legal separation, you will have to be able to prove that the two of you have been separated for at least one year. Your attorney can help write up the necessary paperwork so that your separation is documented. If you are serious about getting divorced as soon as possible, it is important to work with your lawyer soon; then, you can go ahead and get your separation documented so that the one-year period can begin as soon as possible.
This is not the only reason why you should consider working with a divorce lawyer for a separation agreement, however. For one thing, a lawyer will have a better understanding of how divorce law works in New York and can help you ensure that your rights are protected. For example, if your other spouse is threatening to keep you from seeing your children, your lawyer can help. If your spouse does not want to pay child support, your lawyer can help with that as well.
Even if you and your spouse get along fairly well and even if you think that the two of you will get along during the separation and divorce, it’s important to work with a lawyer. The truth is that things can turn nasty very quickly, and it’s good to have a good lawyer by your side?
What Should Be Covered in Your Manhattan Separation Agreement?
A good Manhattan separation agreement should be very thorough. These are a few of the things that it should cover:
- Who will live in the marital home during the separation
- How the two of you will handle the custody of your children, if applicable
- Who will pay child support and how much child support will be paid
- Whether or not alimony will be a part of the picture
- Who will use the marital cars and other marital property
These are just some of the main things that will probably need to be covered in your separation agreement. Every marriage and every separation are different, so your needs might be different from someone else’s. A good lawyer will be able to sit down with you and talk to you about your situation to help ensure that your separation agreement is handled properly.
How Do You Prepare for a Legal Separation?
After choosing an attorney and scheduling a meeting for a consultation, you will need to gather up as much documentation as possible. Bringing along information about your joint accounts and marital property can help your attorney get started in handling your case.
If necessary, consider jotting down a list of questions that you might have for your attorney. This might be a very difficult time for you, and you might have a lot going on in your head. It can be easy to forget to bring up your concerns or ask questions during your consultation, but if you write these things down, you can help ensure that you don’t forget anything at your meeting.
For many, the process of divorce begins by becoming legally separated. To do this the right way, it’s important to have a separation agreement drawn up by an experienced family lawyer. This can help you handle the situation the right way. If you are looking for legal representation that you can count on during this difficult time in your life, contact us today.
When you and your spouse decide to separate after being in a marriage, there are two options you can explore. You can either choose to have a legal separation agreement or get a judgement of separation granted to you by the Supreme Court of New York. A legal separation agreement allows you to live separately while remaining legally married. It is mostly used by couples who are unsure whether they need to divorce or not.
What Prompts Couples to File for a Legal Separation Agreement?
There are many factors that can result into a legal separation. The most common one is money. The stress that comes from not being able to honor marriage obligations can make spouses to quarrel and snap at each other. Spouses who spend money without notifying their partners are also likely to experience problems. Apart from financial problems, many spouses separate due to infidelity from one of them. Studies show that infidelity occurs in 80 percent of the marriages in the country. The disappointment and anger that often come after a spouse cheats on another can break their union. Other common factors that result to separations include poor communication, drug addiction from one of the partners, domestic violence, sexual dissatisfaction, weight gain and unrealistic expectations.
Legal separation allows the married couples to live apart while still legally married. This is completely different from divorce, where the married couple completely ends their union. In this case, people who are in a legal separation agreement may be considered responsible for breaking the bigamy laws if they marry again. Both divorce and legal separation require the couples to agree on certain issues, such as child custody and visitation. In both cases, the court defines the right and obligations of each partner. Unlike a divorce where partners need to exchange marriage vows again, legal separation allows the couples to reunite without necessarily having to remarry. They simply notify the court about their intention to live together again. Conversely, if they decide to permanently end their marriage, the divorce process will be much quicker.
Benefits of Legal Separation
There are so many benefits associated with legal separation. It allows the couples to take some time away from each other and think about their marriage and whether they need to divorce. The separation can be a moment for each of them to cool down if there have been constant disagreements and conflicts. Legal separation allows partners to maintain medical benefits and other benefits. Such benefits are often scrapped off during divorce. In case you have beliefs that conflict with certain concepts of divorce, then a legal separation agreement will enable you to separate from your partner without any guilt or regrets. A legal separation also enables you to draw in the social security benefits of your partners if you have been married for more than 10 years.
Filling for Legal Separation in Manhattan
If you want to file for a legal separation in Manhattan, there are certain steps you have to take. First and foremost, you need to understand what a separation agreement is and whether it is better for you than divorce. After that, you have to determine if you are liable to separate. According to New York laws, the separating parties must be married in New York. Either of the parties must have resided in New York for at least two years before the date of filing.
The next step is to choose the right court. Choose a court with the jurisdiction to hear and determine cases related to legal separation. Before you approach the court, you need to prepare the separation agreement. You must do this together with your partner so that everybody comes to a consensus. The separation should be clear and concise to avoid misinterpretation by the court and partner. Make sure you review the separation agreement and sign it with your spouse and deliver the document to the court clerk. You will be required to pay $5 for filing. The court will look at the agreement and provide you with an Order of Separation. This is a document indicating that you are now legally separated in New York.
Since there are so many procedures involved in a legal separation agreement, it is wise to contact a qualified legal separation attorney in Manhattan. Our legal experts are always on the standby to listen to your case and help you draft a clear and concise legal separation document. Feel free to contact us today for affordable and faster services.