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Divorce and Separation Lawyer Buffalo NY

What If You and Your Spouse Separate?

Legal Separation

When you and your spouse physically separate, one thing you can do is enter into a Separation Agreement. A Separation Agreement is a written contract between you and your Spouse that resolves all of the issues of the marriage including Child Support, Maintenance (formerly called alimony), Custody, Visitation, and the Division of Marital Property. If the parties later wish to get Divorced, the Separation Agreement (if duly recorded with the County Clerk) can serve as Grounds for Divorce.

The problem with a separation agreement is that you have to be able to come to an agreement (unless you want to sue for a Judgment of Separation) and you will have to pay for services twice if you later want to get divorced.

If you can come to an agreement now you may as well save money and do an Uncontested Divorce using NO FAULT as your grounds for Divorce. Visit my Uncontested Divorce Website for more information.

Separation by Agreement

The Separation Agreement is a detailed written agreement that should be prepared by an Attorney. The agreement says that the parties will live separate and apart according to the agreement with respect to Child Support, Maintenance Custody, Visitation, and the Division of Marital Property.

The Separation Agreement is signed and is filed with the County Clerk. After one year passes, the separation agreement may serve as grounds to convert the separation into a divorce.

Judgment of Separation

Another form of separation in New York is through a Judgment of Separation granted by the Supreme Court. This judgment is based on having grounds for separation.

One year after the entry of the Judgment of Separation, either spouse may sue for a divorce, based upon conversion grounds.

If you want a divorce and are searching for an experienced Divorce Attorney, near Buffalo, New York, look no further.

Free Consultation:

Please call (716)-656-7676 or CONTACT US for your free consultation. The first consultation is always free, and you will always speak directly to Stephen K. Underwood.

Stephen K. Underwood, Divorce Attorney
1395 Union Road West Seneca, NY 14224
Phone: 716-656-7676 URL of Map