Separation

What If You and Your Spouse Separate?

When you and your spouse physically separate, the best thing to 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.

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.

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