When a couple considers getting a divorce, they may choose to start with a trial separation. This process involves signing a legal separation agreement that allows you and your spouse to make vital decisions regarding your finances and any shared children.
Unlike divorce proceedings, separation agreements allow you to make vital decisions without a Family Court judge’s approval. This documentation also paves the way for smoother divorce proceedings should you decide to officially end the marriage. A knowledgeable marital agreements attorney could listen to your goals to determine what legal process may help you achieve them. Schedule to meet with a seasoned Syracuse separation agreements lawyer to learn more.
Divorce Proceedings Versus Separation Agreements
Couples may choose to enter into a separation agreement when they are unsure about whether a marriage is irretrievably broken. These contracts offer both parties more time to consider the best way to proceed with dissolving their union while legally protecting themselves. While divorce proceedings end the civil union altogether, separation agreements allow spouses to make important financial decisions about dividing property without ending the marriage. Some benefits of separation agreements include:
- Making divorce proceedings more straightforward if the couple decides to end the marriage down the road
- Collaboratively making a voluntary and legally binding contract rather than pursuing a Court Order requiring a judge’s approval
- Ability to divide property while the couple is living at different addresses
- Making arrangements for the continuation of health insurance benefits if one policy covers both spouses
- Making crucial decisions about living arrangements and financial support for shared children
Overall, separation agreements provide a foundation for a more peaceful and amicable discussion. A Syracuse attorney could review the complete list of advantages during an initial consultation, helping a couple decide if a separation agreement is the best solution for their situation.
Separation Agreements Have Fewer Requirements
There are specific requirements a couple must meet before they can petition a Family Court for a divorce. They must live separate and apart from each other for a minimum of one year and file a divorce petition in the county in which they reside. According to The New York State Bar Association, the Court cannot grant a divorce Order until the couple reaches an agreement on the separation of marital property and debt.
In contrast, there are no legal requirements for couples entering into a separation agreement. Therefore, entering into a separation agreement before petitioning the Court for divorce can be an effective tool for meeting the Court’s requirements for pursuing a final marriage dissolution Order. A separation agreements lawyer in Syracuse could help protect the party’s legal rights and draft a valid contract complying with state laws.
Call a Capable Separation Agreements Attorney in Syracuse
Separation agreements allow couples to resolve many issues, including the division of property, without court oversight. Separating spouses can reach amicable agreements about essential issues. Experienced legal counsel can help couples achieve their goals and protect the legal rights of both individuals.
A Syracuse separation agreements lawyer understands the requirements for these documents and lets you direct what you want to be included in yours. Call to schedule a consultation for help with preparing and finalizing a legal separation contract.