Separation Agreements

Staten Island Attorney Handles Marital Separation Agreements

Under New York state law, grounds for divorce must be established in every case — and the admissible grounds do not include irreconcilable differences, inability to communicate or other terms that assign “no fault.” This contributes to some people’s preference for a marital separation agreement. Contact me to discuss whether a separation agreement may be right for you and your current spouse.

As an experienced family lawyer, I have helped people draft and file separation agreements under a variety of circumstances. This may be a valid approach for those who:

• Are not comfortable basing a divorce action on other grounds, and consequently choose to live separately for one year under a formal separation agreement
• Choose to file a separation agreement with the court so that the basic framework for a divorce is already in place, but the parties have a time period to consider whether to legally end their marriage
• Have religious or other personal beliefs that prevent them from seeking divorce

It is important to recognize that agreement between the parties is necessary to file a marital separation agreement. A legal separation cannot be accomplished through a one-sided or forced action without communication between the parties. People who know they want to end their marriage — but who cannot agree on the issues that come up when they do so — should gather accurate information on contested divorce.

Such difficult issues often include child custody and visitation, as well as child support and maintenance. For many couples, property distribution is also a serious point of contention.

A Staten Island Lawyer Who Will Empathize With Your Beliefs

To learn more about what is necessary to file a marital separation agreement, please contact Benjamin Haber, Attorney at Law, on Staten Island. I can handle these procedures, and provide capable counsel should you decide to proceed with divorce, or should you need help in other areas of family law.