- There is no need to worry about going through a nasty trial that comes with a divorce if you and your spouse decide to temporarily split up. You can file what is known as a Separation Agreement. A separation agreement is something that is agreed upon between you and your spouse and does not require a ruling from the court. There is no application form. You don’t “apply” for one. The court will only grant a separation agreement if both parties agree to it, and if it is legal in nature.
- If you are not aware of your spouse's whereabouts, or if they are unwilling to agree, you cannot create a separation agreement.
- A Separation Agreement is an agreement between you and your spouse in which you both agree to live separately and apart. This agreement can cover many different topics such as who will pay the bills, what will happen to the marital property, and what will happen with the children. If you are unable to write up this agreement yourself, you can usually hire an attorney to do it for you.
- Both parties must come to an agreement on the entire separation agreement and have their signatures be accepted in the way that is needed for a deed to be recorded by a Notary Public (although you both don't have to appear before the Notary at the same time, or even use the same Notary) to be included. Someone will need to draw (write) this up for you if you can't do it yourself, usually an Attorney.
- An attorney can help you draw up an agreement and get the best outcome for your case. In complicated cases, an attorney's expertise is strongly suggested to get the most favorable outcome. The court cannot recommend an attorney, but your local bar association can provide you with information.
- The Separation Agreement will be legally binding as soon as it is notarized. You can file it with the County Clerk's Office in the county where either of you lives, ie. In Nassau County. The filing fee is $210.
- The time you have already spent apart will not be counted in the Agreement. You are only considered Legally Separated when both parties have signed the document.
- One year after you or your spouse sign and notarize your separation Agreement, you may file for a divorce based on the Agreement. This is called a "conversion" divorce (DRL 170.6). In a conversion divorce, you don't need grounds (a legal reason to get a divorce) besides the Agreement. The $210 fee you paid to file the Agreement will be credited to the divorce filing fees (if you file in the same County where you filed the Agreement). You must file the Agreement with your divorce papers if you haven't already done so.
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- Thank you.
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