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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Family Law
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Experience:  Experienced, and knowledgeable family law attorney.
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How do I file a separation agreement

Resolved Question:

How do I file a separation agreement from my partner? We own a house and have one child together.

Submitted: 10 months ago.
Category: Family Law
Expert:  S. Huband, Esq. replied 10 months ago.
Thank you for the opportunity to assist you.

Q) How do I file a separation agreement from my partner?

First, I have some assumptions. Please let me know if any of these are incorrect:

1. You and your spouse are legally married.
2. You want to divorce.
3. You want to put in writing the terms of your divorce rather than have a judge decide the issues for you and your spouse.

You and your spouse can draft an agreement and each sign it. It should probably be notarized. Once you file for divorce, you include the agreement with your petition for divorce and ask the court to use the agreement as its own order.

Please remember that your agreement needs to cover ALL issues related to divorce. Some of those issues may not be so obvious. If you do not cover all of the requisite issues, you and your spouse might have to go to court and have a hearing on the issues, if any, not addressed in your agreement.

In order to make sure you cover all of the issues necessary, you should seek the advice of a licensed attorney in your area who practices family law and who drafts separation agreements. THat person can help you make sure you've got everything covered adequately.

I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. Otherwise, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Take care,
Shuband
Customer: replied 10 months ago.

We are not married and I have no plans to do so in light of our circumstances. I have stayed for my daughter but situation is now unbearable and I need to know how to proceed to separate myself from this uncomfortable situation.

Expert:  S. Huband, Esq. replied 10 months ago.
Thanks for the update. I'm glad you clarified your answer. Clearly my assumptions were wrong!

There is no need for a separation agreement if you are not married. Since you and your partner have no legal relationship, whatever property is titled in your name is XXXXX XXXXX the other person's his or hers, etc.

If you own things together, you will have to figure out how to divide that up. Again, you do not have to do this via some sort of formal agreement. Just figure out who gets what, or sell it and split the cost in a way you think is fair.

However, since you have a child together, you will need some sort of agreement or court order on child support, who has primary physical custody, and who gets visitation and when. Also, you'll need to consider medical expenses, schooling, etc.

I found several forms you can use from NY State Courts online.

This page has several forms you can use for child support issues.
This page has several forms you can use for custody and visitation issues.

If you have follow-up questions or concerns on this topic, please ask. Otherwise, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Take care,
Shuband
S. Huband, Esq., Attorney
Category: Family Law
Satisfied Customers: 1029
Experience: Experienced, and knowledgeable family law attorney.
S. Huband, Esq. and 6 other Family Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 10 months ago.
Hello again,

I was notified that you rated the answer I gave positively, and I am very pleased and gratified that I was able to help you. I sincerely hope the matter(s) we discussed turn out well for you.

Please ask for me in the future if you have additional questions or concerns. Thank you very much for the opportunity to assist you.

Take care,
Shuband

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