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New York Separation Agreement
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Every judge and lawyer will tell you to never rely on a verbal agreement, which is why everyone who is separating or divorcing in New York should have a written and signed Separation Agreement.
Our New York Premium Separation Agreement Software is the easiest and most affordable way to effectively resolve your marital issues in writing. From your own home, without waiting and spending hours of time, you will have your own separation agreement in typically less than 1 hour.
ALERT: Before you begin, you may want to consider New York Divorce Online which includes your Separation Agreement and all your necessary New York divorce paperwork and filing instructions.
Why Have a New York Separation Agreement?
1. A Separation Agreement will settle in writing all of your marital issues, thus protecting you and your spouse up until you decide to divorce. Most separations last much longer than expected, so it is essential that important issues like financial matters, property and debts, custody, visitation, and support are expressed in writing in a legal binding agreement.
2. A Separation Agreement is often the official legal document used to settle the marital issues upon divorce. Your final judgment or decree for divorce may reference the Agreement and the court will order your divorce according to the contents of the Agreement.
3. Getting a "Legal Separation" is also a valid reason to have a separation agreement. Legal Separations are not very popular in New York (most New York lawyers do not even do them). The legal separation filing process is very similar to a divorce, so rarely is it the first option. If you are considering a legal separation, here are some of the laws regarding New York legal separations:
The grounds for legal separation (separation from bed and board) in New York are: (1) adultery; (2) abandonment; (3) imprisonment for 3 or more consecutive years; (4) neglect of and failure to provide support for a wife; and (5) cruel and inhuman treatment. If only 1 spouse resides in New York at the time of filing the legal separation, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for legal separation arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the legal separation and the grounds for legal separation arose in New York. [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 11, Sections 200, 230, and 231].
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