New York Separation Agreements Lawyers

Legal Separation | Separation Agreement | Separation

Separation Agreement

A Separation Agreement is a practical tool for couples that have separated, but are not ready to file for divorce. A divorce or separation proceeding is a process involving the court, and it may not proceed quickly. The couple, in the meantime, needs to continue with their lives, their jobs, the purchase or sale of property and the daily business of living.

All of these normal and necessary activities can be hampered by a pending divorce. Assets or real estate one spouse acquires during this time may be in danger of being considered as a marital assets. If the marital asset is in both parties names it will be very difficult to sell unless both spouses are in agreement concerning all aspects of the transaction. This is especially true with regard to the sale of the party’s home.

Sometimes, when spouses are having marital problems, a legal separation is more appropriate for the situation than a divorce. When the two parties to a marriage need time apart to try to work out their differences, a separation agreement can be a valuable tool. When parties enter into a separation agreement the health insurance maintained by one of the spouses still covers the other spouse. In cases where the parties divorce, one of the spouses may lose their medical insurance. It should be noted separation agreements are negotiated out of court in private.

A Separation Agreement helps address these problems. It is an agreement between the spouses concerning how to divide any property and debts they have accumulated during the marriage. It may also contain provisions concerning child custody, support, and visitation. Resolving these issues quickly can have great practical benefits for the family, and it can help expedite any future proceedings.

Separation Agreement in Conversion Divorces

If the parties live pursuant to the terms of a separation agreement for one year and abide by the agreement’s terms, either of the parties can bring a divorce proceeding based on the separation agreement that converts the terms of the separation agreement into the divorce. This type of divorce is called a conversion divorce. This is because the separation agreement is converted into the divorce.

Our Attorneys Can Help You Get On With Your Life

At the Law Office of Elliot S. Schlissel, we understand the practical problems created by separation or divorce. Your well being is our first concern, and we will help you achieve solutions as quickly as possible. Legal separation orders are a further step towards divorce. A couple is legally separated only if the couple has successfully petitioned a court to recognize their separation. Living apart does not by itself constitute a legal separation for these purposes.

A legally separated couple may still reconcile, and in that case, if they do nothing, they remain married. Should the couple thereafter decide to get divorced they must start a new divorce proceeding.

Feel free to contact us online, or call toll free, any time, day or night, at 1-800-344-6431, or in Queens, Kings, New York, Richmond and the Bronx at 718-350-2802. You can also reach us in Nassau or Suffolk County at 516-561-6645. We welcome your inquires.