Separation

A separation agreement is a written document addressing the terms and important issues of a divorce. A separation agreement can also be petitioned for judgment of separation from a New York State court.  The purpose of a separation agreement is to outline the future conditions of a couple’s relationship after the divorce is final, and can be created either before or after a divorce petition has been filed.

The terms of the separation agreement become effective as soon as the divorce is finalized and last for years on end. However, the separation agreement can be amended as long as both spouses agree to the changes.
When a married couple decides to divorce, there are a lot of assets and responsibilities that must be accounted for.

A separation agreement helps to eliminate any confusion and ensures that all assets, property and responsibilities are accounted for and agreed upon.

Common conditions listed in separation agreements typically include:

• Child custody, child visitation, and child support terms
• Who will remain and occupy the current family residence
• Which spouse will take on previous debts, and how much of those debts each spouse will take on
• The specifications of spousal support (who will pay who, how much, for how long)
• Which spouse will take which tax deductions (real estate, children, mortgage)
• How will joint expenses be paid for now (i.e.mortgage, insurance, time shares)
• Who will pay for the mortgage, bills, and maintenance of the current family residence

For some married couples, a separation agreement is a good way to decide if divorce is the right action to take. A separation agreement permits a couple to legally live separately, while determining any issues they may have, without having to make the legal step to end their marriage. Furthermore, under a separation agreement, a spouse that is dependent on the other’s insurance or benefits can continuing to use them.

In order for a separation agreement to become legally effective, it must be filed with the court. As soon as it is filed with court, the couple has a year or more to live separately. After that year, they can present it to the court again to seek a divorce based on the terms outlined in the separation agreement. This is the only ground for divorce acceptable in New York State that is not adversarial.

It should be noted that just because a couple files a separation agreement, does not mean they must file for divorce. A legal separation can be looked at as trial for couples considering divorce or testing out the terms set in the agreement. In many situations couples who have filed a separation agreement find that it suits their needs perfectly fine and never end up actually filing for a divorce.

Individuals going through a divorce are usually bombarded with a variety of emotions. People in the midst of a divorce often feel anger, resentment, hurt, betrayal, and devastation. These natural feelings can make it difficult for people to come a mutual decision regarding future property, assets, and responsibilities after the divorce. An experienced divorce attorney can make the difference between a relatively smooth legal process, and a frustrating, infuriating, and emotionally exhausting experience.  

If you have decided to file for a divorce and require a separation agreement, it is important to seek legal representation separate from your spouse. Hiring your own attorney will ensure your needs, assets, and legal rights will be protected and fought for.

If you are filing for a separation agreement in Long Island it is important to enlist the legal aid of an experienced divorce law attorney. The skilled attorneys at the Law Offices of Palermo, Palermo & Tuohy can provide you will expert legal advice, up-to-date information  and resources on New York state laws, protect your assets, help to file and draft important documentation, and ensure your individual rights and best interest are protected.

The attorneys at the Law Office of Palermo, Palermo & Tuohy, work relentlessly on behalf of their clients’ best interest. The Law Office of Palermo, Palermo & Tuohy is passionate about providing expert legal service, aggressive representation, and bringing justice to all of their clients. The attorneys at the Law Office of Palermo, Palermo & Tuohy pour all their efforts into securing and comforting their clients’ needs during these hard and emotionally exhausting times.