Legal Question in Family Law in New York

Re: Seperation

Couples who are separated often sign a separation agreement that provides the terms of their separation and possible divorce. It normally sets forth exactly how property is to be divided and deals with any and all other financial issues. In New York one of the grounds for a divorce is living separate and apart for one year pursuant to a separation agreement. You need your own independent lawyer to help draft the agreement.

Re: Seperation

A Separation Agreement can be drawn between the parties in an effort to set the "rules" of the separation. It has a few advantages. First, you can use the agreement as grounds for a later divorce if that is the way it ends up. In place of grounds the law calls for a separate action when 2 parties live separate and apart pursuant to a separation agreement for one year or more. The agreement does not have to be filed with the court until you are ready to use it as grounds, and then the agreement is filed with the County Clerk. The year begins to run from the date of signature, not the date of filing. Best of Luck!

Re: SepARATion

There are risks in the approach you are taking:

You say you do not want a divorce. By signing the agreement, you will have given her grounds that she might not otherwise have had (after a year and a day).

Second: You may be in a vulnerable state of mind right now, where you will be overly-generous to her and agree to something that you might regret later. This has happened more often than you can imagine.

If you have any expectation of being able to save this marriage, you may wish to hold out for marriage counseling before you sign a separation agreement.

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