queens legal separation lawyers
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Separation in law is a situation where couples live apart according to publication by Dartmouth College. The act of separation may have serious consequences to one’s legal rights. Couples may agree to go their separate ways without involving third parties. Problems usually come up when one of them fail to meet his or her obligations. There would be no legal mechanism to enforce such an agreement in such circumstances. That is why it is important to consult a qualified Queens’ family attorney before initiating a separation. The process of starting a legal separation involves filing a separation agreement in court. Nothing will be legally binding until the court approves the legal separation at this stage.
This form of family division is a viable option for couples who are still looking for ways of reconciliation or contemplating a permanent split. A qualified Queens county divorce lawyer will come in handy in advising on the possible legal options that one can take to ensure his or her rights are protected. A family attorney will clarify on various legal matters that include children support, child custody, alimony, property division, and other financial benefits of legal separations such as tax incentives. A legal separation ensures that everyone approves his or her obligations in court.
Why you need to Work with a Legal Separation Lawyer
A special legal separation attorney will specifically help in the process of drafting a legally binding agreement. This is according to New York State Unified Court System. This is useful when you are in a complicated case where it involves debts or minor children. A separation agreement is a written contract stipulating the terms of living separate ways. The contract has several technical terms that must be covered before it can be legally binding. A poorly worded agreement can lead you into a big mess. The separation agreement will only become legally binding when both parties append their signatures to the document. This means that it is enforceable if either party violates any of the terms.
Couples should note that they cannot backdate the agreement if they had separated before signing it. The separation will be active from the time both parties signed and notarized the agreement. It is best to work with legal separation lawyers from the onset of the separation process to ensure that all legal loopholes or misinterpretations may be cleared before they stall the process.
Alternative Dispute Resolution (ADR) is a viable solution if the parties to the dispute cannot agree on specific terms in the agreement. The best dispute resolution center in Queens is the New York Collaborative Family Law Center. It was opened in 2009, and it is one of the best dispute resolutions centers in the US. It provides a platform for both couples to iron out their differences. The whole process may also involve bringing other conflict resolutions experts on board.
Reconciling after Separation
The separation agreement will become void if you and your partner decide to live together again with the intent to reconcile after separating. You may decide to include a provision that the contract will not be void if you live together again. New York City Bar recommends that the agreement be voided through a second agreement stating that the initial separation agreement has become invalid.
Divorcing after Separation
Partners can also decide to divorce after separation. You should have lived separately for at least one year after the separation agreement came to force. You will initiate the process through your legal separation lawyer by filing a conversion. The initial filing fee for separation agreement will be transferred to your divorce file if it is in the same county. You may ask the judge to incorporate all the terms of the separation agreement into your divorce case under special circumstances. This will remove the obstacle in the enforcement of such terms in the event of disagreement later on. It is not guaranteed that all judges will accept such adjustments. Some judges may prefer that the agreement has unique wording.
The way your separation agreement is worded will largely influence how your divorce situation will turn out. Separation agreement ceases to exist as an independent document if you go for a divorce in case your agreement has a provision of becoming part of the divorce case (merger). Your separation agreement is worded in such a way that it will remain a separate and enforceable document even after the divorce (survival). The courts may not modify the provisions of the separation agreement related to child support if this is the situation. Another alternative that some qualified separation lawyers can opt for is a hybrid model. Looking for a lawyer is the best way of handling a divorce in a careful manner.