02 Sep 20, New York, USA
If you have been searching for a marital separation agreement form online, you can save time by visiting Forms Legal. Here you can find the required form for legal separation in New York.
Once you file legal separation NY, you would stop living with your spouse but follow living arrangements as per voluntary written agreement. In case of violation, the family court can enforce it. A separation agreement will not end the marriage like a divorce.
Most couples are filing for legal separation other than divorce for a reason like they are still unsure about the divorce. Then some couples can’t afford to get divorced. Still, others continue to remain married after separation due to benefits like health insurance and support from a spouse.
Merely, start to living separately can’t be counted as legal separation in NY. The couple will have to file for a legal separation agreement, and it can be done online here on this site.
There is no time limit to how long you can remain separated from your spouse. However, if you plan to use the separation agreement as to the basis for divorce in the future, there are conditions to it. The separating couple must have been living apart, under the agreement at-least for a year.
There are no residency requirements for legal separation if, at the time of filing, both spouses are residents of New York state, and the grounds for the separation arose within the city. Otherwise, there are residency requirements that have to be followed. At least one of the spouses must be living in the NY state for the past two years before filing for separation. In the other condition, at least one of you has been living in New York State continuously for at least a year before filing, and you got married here, or you were already living when you were married.
Coming to the separation agreement, it is a written contract between you and your spouse, that tells responsibilities of each while living apart. These include division of property and debt, support for child and spouse, right for child custody, and visitation. But keep in mind that the separation agreement only a procedure to separate legally, and you don’t get separated unless you start to follow the agreement. As there are many terms in the separation agreement, you and your spouse should agree to all the terms. Even if you go to court, it will not force the separation agreement on you.
Once you have started to create the agreement, there are numerous issues that it’ll have to take care of. So, it will cover the necessary information such as the date on which you were married, the day you are going to separate, who the children are going to live with—details of bill payment, and how the property is going to be divided.
It is crucial to think carefully about the terms so that if you decide to get divorced later, the terms of separation can be the terms of the divorce. Some issues that would need your attention would be.
Living Space. Legally separated spouses must live separately, so you need to decide where you are going to live.
Spousal Support: The agreement must specify the amount of spousal support that the spouse will get.
Child Custody: You along with spouse will need to decide if one of you will have to sole custody of the dependent children or take the joint custody.
Customers using the site say, “Forms Legal is the best site for creating an agreement for legal separation in New York.”
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