If you and your spouse have been disputing for an unhealthy amount of time, you may believe it best to create physical distance between one another to give yourselves a chance to cool off, so to speak. For this, you may find petitioning for a divorce order to be too drastic of a measure, especially because this decision cannot be reversed. You may sooner consider a legal separation by amicably negotiating a separation agreement. For this, please read on to discover how to establish a separation agreement and how a seasoned Manhattan divorce attorney at Zimmet Law Group, P.C. can help with any issues.
How do I establish a separation agreement in New York?
If you and your spouse can work together civilly, you may be able to sit down and go over how child custody, child support, spousal support, and property division should be handled once you live apart from one another. You may even go over other financial responsibilities you expect each other to maintain, such as who will make sure the monthly mortgage and utilities are paid, who will file your joint taxes on time, and more.
Here, we recommend you hire a mediator to oversee this negotiation process, as they may ensure that all your personal wants and needs, and more importantly the legal requirements, are met. But once a sustainable agreement is met, you and your spouse may sign the separation agreement before a notary public. You may then file this written contract with the New York family court in the court where you or your spouse resides, along with the required filing fee.
How do I modify my existing separation agreement?
Once one year passes since you and your spouse have filed your separation agreement, you may reflect on the state of your marriage. If you conclude that getting an absolute divorce is in both of your best interests, you may petition for the New York family court to convert your separation agreement into a divorce agreement. Or, if you choose to reunite, you may request that the court revoke the separation agreement.
On the other hand, you and your spouse may still be on the middle road, so to speak, and find that legal separation works best. However, over time, your existing separation agreement may need some tweaking to more accurately reflect changes in your personal lives (i.e., changes in income, health conditions, number of dependents, etc). In this case, you and your spouse may sit down together once more and negotiate an addendum to your original separation agreement. You must similarly file this with the court to make it legally binding and enforceable.
To conclude, if you require additional consulting, look no further than one of the competent New York City matrimonial and family law attorneys from Zimmet Law Group, P.C. Schedule your initial consultation with us today.
