Legal Question in Family Law in New York
divorce agreement
My husband and I decided to divorce in one year, but we want to make the divorce agreement today which specifies the debt and alimony in the future. My question is that is the agreement made today going to be legal when we get divorce 1 year later? inaddition, do we need it to be notarized?
2 Answers from Attorneys
Re: divorce agreement
You and your husband can sign what is called a Separation Agreement. This agreement contains all of the terms of the divorce including maintenance (alimony), property distribution, debts and, if applicable, child support and custody. Your signatures must be "acknowledged" by a notary - essentially a statement that the person signing the agreement has proved his/her identity.
You must then live separate and apart for one year. After the year, either party can obtain a divorce on the basis of the separation agreement.
You should definitely retain an attorney to prepare the agreement.
Re: divorce agreement
You should have an attorney prepare a separation agreement, which will be legal and binding upon your divorce in one year. Feel free to contact me to get this done quickly and cheaply. No office visit is necessary.