Legal Question in Family Law in New York
Separation agreement
My spouse and I live in PA, but our marriage took place in NYC. We are having problems in our marriage so we have decided to do a separation agreement. Since PA doesn't recognize legally separated agreements, could I file it in NY? We do not want to file for divorce yet, but I want to protect myself from incurring any of his debts, etc.
1 Answer from Attorneys
Re: Separation agreement
I am aware that most states, not NY, no longer have separation actions and proceedings, but that is quite a different matter, from not recognizing a contractual agreement between consenting, informed adults, concerning the terms of their marriage. The reason this distinction is important, is because whatever place you decide to execute your agreement, or have controlling the terms of your agreement, you will be attempting to have another state's laws exercise juris over the marriage and it's property, in the state of PA.
You may have NY law the controlling state law, but it is not reccommended, unless you are relocating to ny.
see a lawyer in PA for consultation. then make your decision.
GOOD LUCK
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