The decision to move on from a marriage can take place over the course of many weeks or even months. For many people part of the divorce is the decision to have a separation from the other party. Separations can mean many things. In most cases, people who are planning any kind of separation will decide to move out of the primary family home to another living space. It’s important to keep several things in mind as this process continues. One of the most important considerations are any kind of legal issues that may arise as a result of the separation. Some states do not recognize any kind of formal separation in law. Others, however, view this process as one that has legal obligations and standing in the court system. One such place is New York state. New York state is one of several states where the process of getting a separation can have not only emotional and physical consequences but also consequences that are formally recognized by the regional court system.
Filing a Legal Separation Agreement
All couples in Brooklyn should be aware of what is involved in filing any kind of legal separation agreement. Each party should be aware that filing for legal separation is not the same thing as filing for divorce. Each party to the agreement is not free to get married again. At the same time, many issues related to a divorce can also be resolved via the process of legal separation to the satisfaction of both parties. It is important for all parties involved to understand exactly what is involved in this process. It’s also important for the people involved in the process to understand that a legal separation is legally binding document that cannot be dismissed lightly even if circumstances change later on in some way. This is why is best to consult with a professional. Lawyers can help by crafting a legally binding document. The document can be agreed to by both parties and can be later used as part of any decision to get a divorce is this is the course of action they would like to take.
What is Agreed Upon
A separation agreement can be just as detailed as any other form of divorce contract. Each party should consider what they would like to it cover. For most parties, this begins by deciding where each party will live. One party can choose to keep the primary home while other decides to move somewhere else. The agreement can also spell out many kinds of financial aspects pertaining to the case. For example, it can be legal document that indicates what kind of child and spousal support should be paid to to the other party during the separation. It can also be used to indicate what kind of child custody arrangements that each party agrees to during the separation. The same is true of other issues such as the division of current marital property and how this is to be assigned to each party.
In Brooklyn, a legal separation agreement is filed with the King’s County clerk. If one party lives in another borough, the agreement will be filed with each county’s clerk. The agreement must be voluntarily signed upon by both parties and agreed to by each one of them. This must be done in front of a notary. Each spouse is allowed to contest any part of the agreement. They can do so until a final separation agreement is worked out that is mutually fine with each spouse. The agreement can also be modified later on if circumstances change. Doing so will require a legal process that may take some time to complete.
Grounds For Divorce
Any separation agreement can also serve as the first step on the way to a divorce. In New York, if both parties agree to the terms of the separation and keep up the conditions required, after a year has passed the parties can then apply for a formal divorce. Some couples, however, may have no wish to remarry. In that case, they can simply agree to carry on as agreed upon under the agreement. While not all states allow a legal separation, if the other party moves to another state, the separation is still considered a legally binding document in that jurisdiction. If the other party breaks them such as not paying the agreed upon child support, they can be take to court.
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