Separation Agreement Attorneys on Long Island
Get Help with a Separation Agreement in Nassau County
There are only two ways to become legally separated in the state of New York. The first and most common way is for the spouses to enter into a New York separation agreement. The second and rarely used method is for a court to grant a judgment of separation. Simply living apart does not make a couple legally separated, regardless of how long they have been living separately.
A separation agreement in NY is a way for couples to resolve all of the issues of their marriage without going to court. If parties are able to reach an understanding and agreement with each other, we can draft a legally binding agreement containing all of the terms necessary to resolve any issues. Our separation agreement attorneys on Long Island have the experience needed to help you achieve your goals and finalize a separation lawfully.
What Happens After a Separation Agreement Is Signed?
For a separation agreement in New York to be legally binding, it must meet certain requirements as to form, content, and language, especially when minor children are involved.
The separation agreement must address all the issues in a divorce, including
Strict rules govern how the agreement is executed. You must comply with these rules to ensure that your separation agreement is binding and enforceable.
Can a Separation Agreement Be Voided in New York?
Yes, a separation agreement can be voided in New York under specific circumstances. Separation agreements are legally binding as long as the parties are living “separate and apart.” A separation agreement can be voided if the couple begins living together again with the intent of reconciling their relationship.
Retain Competent Legal Counsel
When seeking a separation agreement, it advisable that each party retains his or her own attorney, especially when minor children and financial issues are involved. It is possible for only one party to have an attorney to draw up the agreement, however it is extremely risky for both parties.
The unrepresented party may not come to realize the full weight of the terms of the agreement until after they find themselves bound by those terms. Later on, that party might attempt to ignore or overrule the agreement because they did not have legal representation when negotiating and drafting it.
File Your Agreement with the County Clerk
After your separation agreement is complete and fully executed by both parties, it is advisable to file it with the county clerk of your respective county. This is not required, but it is recommended to prevent anyone from making unauthorized changes and to avoid the risk of it getting lost or destroyed. Our team at Pickney Law Firm can help you file your agreement with the Nassau County clerk.
Work with Pickney Law Firm
Drafting separation agreements in New York is a complex and detailed undertaking. Our litigation experience provides us with the knowledge and foresight to make sure that agreements are written with binding and conclusive terms to provide the maximum protection our clients desire. We strive to ensure that the settlement we reach on your behalf stands the test of time.