Separation Agreement Lawyer

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When a couple has decided to separate or take a “breather” before deciding on an official divorce, getting financial child custody, and child support information set out and agreed to is essential and can be done with a legally executed separation agreement.

Making decisions when it comes to separation and divorce is never easy. Any decisions concerning major life changes should be considered and planned for carefully.

This is when having a skilled New York City family law attorney is vitally important. At the Luciano Divorce Law Firm, we help minimize conflict while ensuring that your legal rights are being protected, thus creating a comprehensive and beneficial separation agreement that helps you plan for the future today.

Contact Luciano Law Firm today (212) 537-5859.

What is a Separation Agreement?

Separation agreements are legally binding contracts between marital spouses that are often put in place prior to a divorce. With the benefit of a legal agreement, you and your spouse are able to maintain separate living arrangements while agreeing to child support and child custody matters, earnings, division of property, and debts to ensure that both of you are on the same page under the law. Just like divorce, if one spouse is not compliant with the agreement, the courts are then able to enforce the terms. The agreement should contain the specific duties and rights of both spouses concerning

  • Child custody/visitation
  • Child support
  • Visitation
  • Spousal support
  • Division of property
  • Debts

And other matters concerning the marriage. To learn more about how we can help, contact us today.

There are no legal requirements that you must have a family law attorney to become separated or to prepare a separation agreement. But it is important to understand these agreements, as legally binding instruments, can be enforced by the courts just like divorce agreements Consequently, you should understand all the terms and implications of the agreement. You should be clear on how the agreement affects custody and visitation, child support, health insurance, visitation rights, etc.

When you enter into an agreement, it should be one that is drafted with your needs in mind. Having a divorce/separation agreements lawyer assist you in preparing the documents ensures that your needs are being met while ensuring that the agreement can be enforced in case of a judgment of divorce.

To learn more about how we can help, contact the law firm of Juan Luciano today (212) 537-5859

Do I Need a Divorce Lawyer for a Separation Agreement?

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How Do Separation Agreements Work in New York?

Under New York law, a separation agreement is voluntary but legally binding.  In the settlement agreement, the marital parties decide on the matters of finances, spousal support, custodial rights, and terms, property division, and other important legal matters concerning the marriage.  This is usually drafted if the spouses are considering a divorce. In many cases, one spouse will move out and establish another residence. Without both spouses agreeing to its terms, they will not be enforceable.

Although most separation agreements will be legally valid, there are some cases where family law courts will be called upon to look closely at the fairness of the document. In cases of fraud or coercion, the agreement may be found invalid by the courts.

If both spouses choose to change their minds about the separation and reconcile instead of going on to either contested divorce or uncontested divorce, the document, in most cases, will then become void. Alternatively, the document can also be drafted to state that living together will not void the terms. This further secures the terms should you want to attempt reconciliation.  Contact us today to speak with experienced divorce/separation agreement attorney Juan Luciano (212) 537-5859.

Grounds for Legal Separation in NY

Although New York divorce and family law provides for no-fault divorce after a marriage has lasted for six months or more, this is not the case for legal separation. In some cases, these laws have residency requirements that must be met. In the case where both spouses are residents of New York and the grounds for separation occurred here, there are no further residency restrictions. If this is not the case, other restrictions may apply:

  • One of the parties must have been living in the state continuously for two years before filing, or

  • One of the parties must have been living in the state continuously for one year and the parties either got married in New York State, lived in New York when the marriage took place or the grounds for separation took place in New York.

In addition, a legal separation may be used as grounds for a subsequent contested divorce or an uncontested divorce.  To learn more about creating a written agreement to protect your future and your rights, contact us today.

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Get the Best Possible Terms in Your Separation Agreement

When drafting any legally binding contract, marital partners must consider a vast array of consequences under family law that will concern them in terms of child support, child custody, asset division, visitation, and other vital considerations. Getting the advice of a family law attorney when drafting a separation agreement can be vital down the road because these terms may often be used for a subsequent divorce.

When drafting a separation agreement, there are many important matters to consider. As an experienced divorce lawyer, Juan Luciano, Esq. has devoted his career to couples who have decided to separate, divorce, or otherwise formalize other matters as they pertain to family law.   In addition, Mr. Luciano’s practice extends to assist in prenuptial agreements, postnuptial agreements, same-sex divorce, and more.

At the Luciano Law Firm, we ensure that your rights are being attended to under the law while still doing as much as possible to achieve amicable solutions. While a collaborative effort is always the first goal, we always maintain a calculated and aggressive legal strategy that can be implemented at the appropriate time. When you need the skill, experience, and legal advice of a separation agreement attorney in New York City, call us today to schedule a consultation (212) 537-5859.

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