Five Things To Include In Every Separation Agreement
If you and your spouse decide to separate, you may find that a temporary separation helps you focus on what you need. In most cases, a separation is the first step toward a divorce. While it is not as big of a step as a divorce, it is still a legal agreement that requires thoughtful consideration.
Plan Now For A Smoother Path Later
Your separation agreement is a binding legal document. In order to best protect both parties and the children, a separation agreement should do five things. A separation agreement should:
- Give a clear understanding of the terms associated with any real estate. The agreement should spell out who owns, who occupies, and if sale or liquidation will occur.
- List in detail how assets should be allocated and how the assets will be split
- Define who will be supported, how much will be paid and for how long
- Spell out the terms upon which the separation agreement may be converted into a divorce
- Include provisions dealing with children, parenting time, residential access, legal custody and decision making
If you are facing a legal separation, it is essential to have an experienced family law lawyer by your side. I am attorney David Grauer of David I. Grauer, Attorney at Law, and I have dedicated practice to advocating for the rights and protecting the interests of individuals and families throughout New York City.
How Long Does The Legal Separation Process Take?
The amount of time it takes to obtain a legal separation will vary based on your individual circumstances. Depending on the complexity of your issues, it could take anywhere from three weeks to three months.
In a legal separation, it is important that each party is willing to work together toward finding a suitable outcome. Agreeing to negotiate with one another can help speed up the legal process and keep your costs low. I offer a fair hourly rate for clients, unless a specific agreement is in place as a result of a mediation.
I can support you through the legal separation process because I am adept at understanding the driving issues, and I counsel reason. I will help you put your emotions aside to focus on getting the results you want.
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Avoid serious issues later by making a solid agreement today. Get the insight, understanding and skill of more than 40 years of successful practice to work for you.