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Legal Separation Agreement Related Questions

What is a legal separation agreement? How long is it valid?

Legal separation refers to a judicial parting through legal procedure where a married couple formalizes their separation granted in the form of a court order. When a couple separates there may be children, spousal maintenance and assets involved hence the court assigns temporary custody and arrangements for the child and the shared assets. The legal separation agreement does not automatically lead to a divorce. A couple can reconcile their marriage and if they do not, they will need to file for a divorce separately. Generally a legal separation agreement would be valid until divorce, unless it is expressly stated it outlives the divorce decree.

I have been separated for fourteen months and have applied for a divorce. In the meantime, my husband has threatened me and my lawyer is unavailable. Can a legal separation agreement be amended?

If your former spouse has threatened you in any manner, it would be wise to file a complaint with police and provide them with any proof of him threatening you. This helps in registering the complaint with the records of the police and they will be aware of the situation if there is a need for arrest in the future. A pre or post nuptial separation cannot be changed without his signature, until it is binding. A separation agreement can be amended by obtaining a court order. Temporary orders of separation can be altered at the time of divorce. You would need to file a motion with the court and persuade them to do so.

How can a separation agreement signed in Arizona be implemented?

The law in Arizona stipulates parties to voluntarily enter into a separation agreement without the court’s involvement. The separation agreement should consist of details of distribution of marital assets, decision of parental custody, visitation rights of the non-custodial parent and the amount of child support required to be paid. The division of property through the separation agreement is permanent whereas conditions of child support and custody are temporary and alterable until divorce is finalized. The separation agreement is honored if the court perceives the agreement to be fair to concerned parties. If not, the court could create another agreement. Hence keeping these points in mind, in order to enforce the separation agreement, assuming it has been reviewed by the court, you would need to appear in the court and request enforcement.

I am divorced and the separation agreement states my ex-husband is responsible for the mortgage payments. However he is asking for a reversal of payment though he earns more than I do. Can this be forced upon me?

In many cases you will not be liable to make the mortgage payments. This is because it is currently outside the scope of the separation agreement and this mortgage payment would wear down and eat into your income and general well being. You are not required to agree to this significant change of interest in the property and also because it is not what you have agreed on paper. The court also has no right to force you to do so.

How do I write a separation agreement in New York State?

New York State recognizes a separation agreement. A formal agreement can be drafted by a lawyer and an informal one can be drafted by you as well. The key for the agreement to be enforceable is both parties need to agree and sign along with notarization of the agreement. The agreement would need to be filed with the clerk of the county of New York where either spouse lives. One completion of a year from the date of agreement, either spouse can file a “no fault” divorce.

How can I reverse a previous marital legal separation agreement which has been filed in court? Do we require an attorney or can both parties agree and reconcile?

A motion for non-suit can be filed to reverse and void the matter completely. The case would then be removed from the court docket and the court would not review it. A copy of the intended order for non-suit which contains the information that all prior temporary orders stand cancelled needs to be submitted to the court for the records.

Legal separation can be a trying time for a couple. In some cases it may even happen between employers and employees. There are various steps at each stage whether it concerns child support, custody, assets, reconciliation or divorce. If you are going through a separation of this kind and have many confusing questions, having your questions answered by consulting Experts will be help to provide the right and relevant information.

Ask a Lawyer

Tina
Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
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