Legal Question in Family Law in New York

notary public

In a trial seperation,would a letter signed by both spouses and notorized, stating that both agree one spouse will leave,that it is not abandonment or that the one who stays is not forcing the one leaving out have legal validity?


Asked on 1/12/06, 3:44 pm

1 Answer from Attorneys

Seth Kaufman Kaufman PLLC

Re: notary public

Such a writing might have evidentiary weight, but would probably not be conclusive, as to whether there was an abandonment if either party later makes a claim. Also, depending on the language, the letter could be considered hearsay, in which case it would need to fall under certain exceptions allowing for the admissibility of such statements. Both parties presumably have an interest in addressing this matter correctly, so I strongly suggest you consult an attorney to make sure you don't make any mistakes.

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Answered on 1/15/06, 1:51 am


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