Separation Agreements
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Legal Separation Leaves the Door Open Towards Reconciliation
Unlike most other states, New York requires a person seeking divorce to state the alleged grounds. People seldom argue over the stated grounds for divorce in a particular case, but once in awhile the point will be disputed. Because living separately and apart for a year or more is recognized as legal for grounds for divorce in New York, many people find it convenient to do so under a negotiated separation agreement.
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Skillfully Handling Legal Separation Agreements Throughout Rochester, NY
If you’re considering divorce or separation, experienced Rochester divorce attorney Michael D. Schmitt can help you protect your interests, avoid mistakes and streamline your path to an eventual order of divorce. Contact our knowledgeable Rochester divorce attorney to learn about your legal options and the considerations that might affect your interest the most.
Separation agreements can serve several different specific purposes, and our lawyers can advise you about each of them. For some people, it will be useful as a blueprint for resolving the issues that need to be addressed in divorce proceedings: property division, spousal maintenance, child support and child custody and visitation.
For people who will be especially dependent on child support or spousal maintenance during the months following separation, these details of your separation agreement will probably resemble the payments that a court likely would order in a contested divorce hearing. For others, support issues won’t be important during a period of marital separation, but property division questions might remain open until the divorce petition is filed.
Another option is to use separation agreements as a way to opt out of certain matrimonial law provisions that would otherwise apply under the New York statues. If any terms of the separation agreement contradict state law on particular points, the separation agreement can convert to a document known as an opting-out agreement once the divorce is filed.
The opt-out terms of a separation a can make the document work more or less the same as a postnuptial agreement. How opt-out provisions won’t be effective to wave or reduce either spouses child support obligation.
Discuss your situation with an experienced Rochester divorce attorney so you can find out how separation agreements might work under the specific circumstances of your situation.
If you are facing a difficult time in your marriage and want to learn more about how separation agreements can help, contact our experienced Rochester Divorce Attorney for a free initial consultation.
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