The main reason you start a divorce is to end your marriage. But you can also ask the judge to decide on children`s, property and finances issues. In New York, there are two ways to get a separation: once your contract is signed and notarized authenticated, you submit it to Clerk County. After living apart and separated for one year, you and your spouse can file for divorce as part of the separation agreement. A separation agreement also deals with financial matters. The couple must follow the same process of categorizing all assets as marital or separated assets, identifying all marital assets (usually assets acquired during the marriage, regardless of their name in which they are located), assessing marital assets, taking into account the tax impact of those assets and then distributing the marital assets fairly. Some assets are easy to evaluate, others need experts. Someone might have psychological or religious reasons for choosing separation over divorce; They want to stay married, but they also want to live apart and separate. A separation of bodies can be maintained indefinitely if both spouses do not want to convert it into a divorce. However, at the end of one year from the expiry of the signature, any party may ask the court to turn such a separation into divorce without dissolution. In addition, there is no period of residence if the two spouses were domiciled in New York at the time of the date of separation of the legal subpoena and if the reasons for the non-dissolution separation appeared in New York under the Consolidated Laws of New York Annotated; Internal Relations Act, Section 11, Sections 200, 230 and 231. The process of creating a valid separation agreement begins with the granting of complete and complete financial information to both spouses.
Married spouses are bound in trust to be honest and honest when entering into a separation agreement; If they do not provide complete and complete financial information, the agreement may be cancelled at a later date. While it can save you money or reconcile you, the separation and signing of the marriage agreement in New York is not a walk in the park. Disadvantages include: If you have not yet submitted your separation contract to the district officer, you must file the separation contract at the same time. Marital property: all real estate purchased by the spouse during the marriage, regardless of the name on the property. Pension plans and other pension plans are considered marital assets. The part of the matrimonial patrimony acquired during the marriage is shared by the court. We advise you to hire a New York lawyer experienced in the separation agreement in order to design your agreement so that you are sure that your rights are protected, which gives you security. A separation agreement works like this – if you and your spouse have marriage difficulties, you can keep a board (without legal intervention) and write a separation contract. As you take generous precautions for children in a separation agreement and try to decide on custody and visitation issues, you should not restrict or circumvent your obligations to help your minor children. You should keep in mind that custody, home visit and child assistance issues are always dealt with in court and may be challenged whenever circumstances require a change.
Typically, a spouse moves and starts a separate residence after the contract is executed. New York allows married couples to take legal action.