Laws governing marriage and divorce vary from one place to the next. Each state will have highly specific laws that apply to issues such as child custody, the division of property and any other issues that arise once the parties get married. The same is true of if they decide to get divorced. One area that has highly specific laws in regards to this matters is New York state. New York allows for many different types of laws and varied types of financial arrangements. One such arrangement is that of what is known as a legal separation. A legal separation is an option that many couples have chosen. It serves many purposes. It can allow both parties to the marriage to come to an agreement to live apart from each other without conflict. This kind of arrangement can also help as the couple starts to figure out if the path to divorce is one they would like to take. Like a number of other states, a separation is possibility in New York City. Anyone who is thinking about this process should keep certain things in mind along the way. It is important to begin with legal counsel before signing any legal separation agreement.
The decision to have a separation needs to be done properly. Each party must agree to the terms of the separation agreement. They need to understand what is going to happen and why. For example, one party may agree to vacate the primary family home. In that case, the agreement may work out when they leave. It may also work out what rights they have to visit the space as well as what they are entitled to in the event the primary residence is sold. Another aspect of the agreement that needs be worked out with care is the issue of children. Just like any divorce, it is possible to arrange for custody during the course of a separation. The custody agreements can be quite detailed. One parent may assume primary custody while the other agrees to certain visitation rights and the amount of child support they will agree to pay to help that spouse. Anyone who is planning a separation should keep in mind that this process can take some time to complete. It may take several weeks or even months for the process to get off the ground and for it to be finalized under law.
A Legal Document
Anyone who is planning this type of living arrangement should keep in mind that in New York state, the separation is not merely a private agreement between the two parties. The agreement is considered a formal contract that can be enforced by the court system. If one party fails to pay the required spousal support or has not moved out of the house by the required time, this is considered a breach of contract under New York state law. The other party can go to court and legally require someone to live up to their end of the separation. This is why it is a good idea to make sure to have proper legal counsel as the process begins and as it continues apace. The right legal counsel can help with many varied aspects of the procedures involved. Under state and city laws, each party has the right to have an agreement that meets their needs and allows them to get what they need in order to get a separation that works for them. A lawyer can offer the kind of counsel necessary to create that document and make sure it is legally enforceable.
Any Further Steps
Some people are content to let a separation continue for many years. This can be a useful solution in a region where housing prices are much higher than the national average. This allows both parties to continue to function without the need to live with a party they do not like. The agreement can be also be a useful tool that lets people realize they would like to think about getting together again. An agreement of this kind can give them time to cool off. If this happens, it will be necessary to legally break the agreement under state law. A lawyer can file all necessary paperwork. However, sometimes the legal separation can make it clear that a divorce is a good idea. In that case, the legal separation can illustrate the parties have met the legal conditions for a divorce.
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