Separation Judgments and Separation Agreements

Yonkers And White Plains Attorney Knowledgeable In Divorce Matters

Many parties seek a separation instead of a divorce as an interim step to decide whether or not to continue the marriage. Going through the process of a separation while protecting your interests may be complicated, especially when emotions and stress are running high. When it comes to separations under New York State law, for example, there are significant legal differences between a Judgment of Separation and a Separation Agreement. Yonkers and White Plains divorce lawyer Elisa Claro and the staff of The Claro Law Firm takes pride in assisting Westchester County residents with each stage of the uncontested divorce process, asserting their rights and pursuing their best interests.

Understanding The Implications Of A Separation Agreement

A Separation Agreement is a legally binding contract between the parties that resolves all major marital issues like marital assets, spousal and child support, child custody and visitation. For the Separation Agreement to be valid and binding it must be signed by both parties and notarized. The agreement may be filed with the County Clerk’s office, although not required. There is no court application for a Separation Agreement and it is not something that a court grants. However, because it is a legally binding document, it is enforceable by a court. It may also be incorporated and merged or not merged into a final Judgment of Divorce.

Obtaining a Judgment of Separation in New York

Obtaining a Judgment of Separation is an alternative to a Separation Agreement. It is different in that the New York State Supreme Court must grant it and it is similar in manner to a divorce. According to New York State law, to obtain a Judgment of Separation, the parties must provide a legally recognized ground for seeking the separation, such as a failure to provide support, abandonment, imprisonment or adultery, among others. One year after the Judgment of Separation has been filed with the court, either spouse my file for a no-fault divorce. It is important to note that although a court has the power to grant the Judgment of Separation, it does not have the power to distribute marital property until a Judgment of Divorce is sought and entered.

Protect Your Interests By Retaining A Divorce Lawyer In Yonkers Or White Plains

If you are considering a legal separation, the team at The Claro Law Firm has the skills, experience and diligence that you need to thoroughly explore your legal rights and options. We proudly serve people throughout Westchester County, including in Mount Vernon, Peekskill, New Rochelle, and Rye. White Plains and Yonkers divorce attorney Elisa Claro offers a consultation to help you learn whether a Separation Agreement or a Judgment of Separation is appropriate for you. Call us at 1-877-631-3539 or contact us online to set up an initial appointment with a divorce and child custody lawyer. Elisa Claro can help you explore your options and protect your interests in a wide range of family law matters.

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