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.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
85 Broad Street, 30th Floor
New York, NY 10005
35-37 36th St,
Astoria, NY 11106
195 Montague St.
Brooklyn, NY 11201