The filing fee if you file a separation agreement with the county representative is $210, but negotiating this separation agreement may incur additional costs. What is legal separation? How long does legal separation last? Does New York have residency requirements for legal separation? What is a separation agreement? Do I have to ask the court for a separation agreement? What should my separation agreement be? What should I do after I write my separation agreement? Is legal separation right for me? Legal separation does not suit me. What else can I do? I am legally separated, but now I want a divorce. What must I do? If you and your spouse divorce, several things can happen with the separation agreement, depending on how it was drafted. First, the separation agreement could indicate that it is part of the subsequent divorce decree. This is called fusion. If a separation agreement provides for it to pass through the divorce decree, the separation agreement no longer exists as a separate, enforceable contract after the divorce and can be changed more easily. If you want to make sure you`re entitled to specific land like your motorcycle or car, state that in your separation agreement. However, if you have experienced a formal legal separation (i.e. you have filed your separation agreement and it has been approved by the court), your previous decision will no longer be considered adultery. So the short answer to that question is yes! Second, the separation agreement may indicate that it will continue to exist as a separate agreement after the divorce judgment. This is called survival. If a separation agreement survives a divorce judgment, the agreement remains valid and enforceable regardless of the terms of the divorce judgment.
In such circumstances, a court cannot change the support provisions of the separation agreement unless the party requesting a change is subjected to „extreme hardship” and it becomes more difficult to change the child support provisions of the separation agreement. To file the legal separation agreement in New York, you must purchase an index number for $210 from the county official. Some counties outside of New York City do not require the purchase of an index number and only charge a $5 fee to file a legal segregation agreement. Once the legal separation is filed, you should receive a certified copy from the county official. The cost of certifying the legal separation agreement is $8. Often, couples do not want to divorce because they believe that a temporary separation will allow them to reflect on their marriage and eventually reconcile. Other reasons for separating as an alternative to divorce may include religious beliefs, sentimentality, or personal preferences, where the separation can last as long as they wish. The most common reason is to stay on the other spouse`s health insurance. It is especially important to meet these requirements if you have young children who will be affected by a custody agreement upon separation. Couples like the ones mentioned above can enter into a so-called „therapeutic separation.” These couples can use the time they live apart to resolve marital issues, usually with a professional, and work to improve the relationship and ultimately stay together.
Although New York law now provides for no-fault divorce from you (which now only requires an affidavit that the marriage was irretrievably broken up for six months or more) if you or your spouse can prove that you lived apart and separated under a written separation agreement and that you followed the terms of that separation agreement for more than a year, Then you can get a divorce decree on that basis alone. Of course, the separation agreement can also be filed as part of a divorce decree if you or your spouse decide to file for divorce through no fault of your own, rather than waiting the required year to file for divorce because you lived separately and separately under the terms of a separation agreement. If you decide you want a legal separation in New York during the mediation process, we will draft the document for you and submit it for you, saving you time and saving you the need to navigate the New York court system. In New York, one of the grounds for divorce is having been legally separated for at least one year. Before New York divorced through no fault of their own, some married couples chose this ground for divorce because all other grounds for divorce blamed one of the parties.