Legal separation agreements benefit both parties in any marriage or divorce in numerous ways. Legal separation is not different than separation on your own terms without the inclusion of an attorney. Rather it’s the addition of certain protection designed to benefit both you and your spouse when a separation occurs. The fact you made the decision to live apart from one another is enough to insinuate your marriage is facing major problems, and agreeing on how to proceed with a separation might be one of those.
The act of making your separation legal involves calling an attorney and drafting a separation agreement. This agreement outlines things that you might not agree on otherwise, and it also protects both of you if one or both of you decide to forgo your responsibilities to one another, your household, or your family during your divorce. This is a situation in which you cannot protect yourself without a separation agreement. It’s beneficial in more ways than one.
How does legal separation benefit me?
Legal separation, first and foremost, protects your finances when you enter a separation. You aren’t divorced, you’re not sure you’re getting divorced or if you are working on your marriage with hope, and you still share a home, expenses, kids, and many more assets and liabilities. Who pays for those things when one of you moves out? Do you continue to share the expenses? What if only one of you has a career and the other is a stay-at-home parent to your children? Does that partner suffer financially while you work through your differences?
Legal separation outlines all of this. You and your spouse sit down and come up with a plan that works for both of you. Staten Island laws do not allow any couple to coerce, force, or bully one another into signing a separation agreement they are not perfectly satisfied and comfortable with. Once the agreement is made, an attorney drafts the legal document, and you both sign it along with a notary public. It’s then submitted to the courts for filing. If one of you decides to go back on your word and stop handling your end of the bargain, the court will enforce your portion of the agreement.
If you decide to get divorced following your separation, this agreement benefits you a second time. If your separation is recorded more than six months, it’s your legal grounds for divorce. New York law requires everyone files for divorce citing legal grounds. Separation for six months or longer is legal grounds for ending your marriage.
This separation agreement also serves as a basis for your divorce decree. It can be transferred from a separation agreement to a divorce decree if that satisfies both parties.
What does my separation agreement cover?
- Child custody and child support
- Alimony
- Maintenance
- Assets
- Liabilities
- Expenses
If this is your situation
Stop reading. Start defending.
These are the things covered in this agreement. You’re free to add to it if you please depending on your personal situation and personal finances. It’s your agreement, so it can include or not include anything you see fit so long as your spouse agrees.
Call an Attorney
A legal separation agreement must be drafted by an attorney who is familiar with separation agreements. An attorney knows the proper legal language, the conditions, and the legalities of this type of agreement. Your attorney will explain to you your legal separation becomes void if you decide to live together and continue your marriage. Your attorney will work with you to ensure you understand the law and the legalities of this document throughout the course of your legal separation.