New York Family Law Attorney
Separation Agreements Lawyer in Long Island
Because New York is an “at fault”
divorce state, this means that a married couple must have
grounds for divorce in order to legally sue for divorce and become legally separated from
one another. These grounds include adultery, abandonment, and cruel and
inhuman treatment. Additionally, a legally executed separation agreement
may be used as grounds for divorce.
If you are interested in filing for a separation agreement,
New York family law attorney Sari M. Friedman can help you. At our firm, we are committed to representing
clients and families in Long Island & New York City who are facing
a legal matter involving family law. Separation agreements are important
if you want to file for divorce but do not yet have legal grounds. By
working with an experienced and dedicated lawyer, you can do this and
also ensure that your rights and future are safeguarded.
New York Separation Agreements
In many cases, when both spouses agree that they want to divorce, they
file for a separation agreement with the county clerk's office. This
is a legal process that basically declares the spouses legally separated,
including stipulations regarding
property division. One year after successfully executing a separation agreement, one spouse
may then sue the other for divorce based upon the separation agreement,
and the other spouse can consent to this.
A declaration of separation states that you and your spouse are legally
separated. This form of separation may be obtained through the normal
grounds for divorce. The difference is that abandonment as grounds may
be utilized even if one year has not passed. There is also cause for action
for separation, which is based upon the grounds of one spouse failing
to support the other. Filing a separation agreement is optional and only
required if and when you are suing for divorce.