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Question about legal separation agreements. Can the parties…

Question about legal separation agreements...
Question about legal separation agreements. Can the parties agree in a legal separation agreement to remain separated for a certain length of time without filing for divorce. My husband and I would like the option to remain legally separated for a certain length of time for a trial period to test out our finances. Can a legal separation agreement include laguage that says the parties agree not to commence a divorce actio before a certain date or is that illegal/unenforceable?
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Answered in 1 minute by:
8/7/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,117
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 9 months ago
Thank you so kindly!

No it would not be enforceable.Either party ha right to file for divorce at any time.A legal separation divides all property and the court would just grant the divorce.Here in NY either of you can seek a divorce at any time and have it granted after legal separation.You don't really want to include this it is not legally enforceable and would not be approve d by the judge here.

Please don't shoot the messenger.I wish I could tell you otherwise.

I appreciate the chance to help you , wish you the best with all of this.

If you can positive rate 5 stars it i much appreciated.

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One year after the filing of the Court's judgment of separation, either spouse may sue for a "no-fault" divorce, based upon one year of living apart. In New York, a divorce does not occur automatically after a year.

New York Legal Separation - New York Divorce Source

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You would have a year here after separation.

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Customer reply replied 9 months ago
Can an agreement ask for notice prior to going ahead with the divorce after a legal separation agreement has been filed with court. My goal is to make sure we shouldn't add anything additional to the separationn agreement before going heading into court to finalize.One other question about incorporation of the separation agreement vs no merger....can you give me an idea which one is th best choice. My understanding is if it merges with the divorce then I don't have the right to sue for the separation agreement, but is there any recourse whatsoever. For example, the separation agreement calls for xyz let's say H doesn't not fulfill his end of the bargain files for divorce -- what happens to xyz under the agreement if it merges with the divorce decree...what recourse do I have?Look forward to hearing from you.

They have to serve you with divorce after a year or whenever they file so really you don't have to include that.If it merges into the divorce here you don't have the right to sue for separation.The courts will enforce any terms of the separation agreement here as far as property division, etc. by contempt motion.It is enforceable but after a year the other party can file for divorce and serve you here.

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Thanks and good luck here I know it can be overwhelming.

Thanks for rating 5 stars.

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Customer reply replied 9 months ago
Oka, so I know that i have at least that year before anything can happen and I can semi-enfrce the original terms that's good too. One last question...can you please provide a lis tof must include clauses in a separation agreement- clauses that you think are the MOST IMPORTANT clauses to be included in a separation agreement.
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,117
Experience: 30 years as a family law lawyer .
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Customer reply replied 9 months ago
Question -- If I draft a separation agreement could I schedule a series of phone calls to have you review it? Just wondering. Thank you for your help Ray!
Customer reply replied 9 months ago
Ray one last question --- I am going to schedule some phone time with you if that is okay in a couple of weeks -- I'd like you to review the separation agreement once if you don't mind? As far as the date of separation is concerned....we have been living apart, but not legally separated...wouold the court be looking for the actual date of legal separation or the date relating back in time. It's a little confusing because we left our marital home to allow him to try to dispose of it, but there was always a possibility that we woudl have to return. He left our marital home (after a deed in lieu in January 2012) but we are not filing for legal separation until 2017....not sure what date we should use? Can you share your thoughts.Can you also tell me how long a phone call typically lasts? I need to plan ahead when calling you to review the separation agreement if that is something you can do?

You would use the 2017 date or whenever you last separated.I will send you an offer to post the documents and ask anything you have here.Thanks, ***** ***** and can post to it whenever it remains open.

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Customer reply replied 9 months ago
HiCustomer...I am not even close with having the legal agreement read. I will contact you once I do have it ready for your legal eagle eye. The only thing is that I don't want the document published online or your responses. Is there a way to keep all of this additional stuff private?

Yes accept the offer, give me your email I will go on and respond and then you can post it back later when you are done.It will be private that way.

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Customer reply replied 9 months ago
Okay, as I explained the separation agreement is not ready yet. Not even close to being done, so can I contact you again for this same offer when I am ready. So much to consider. Look forward to hearing from you. Thanks

Sure no problem post for Ray only be happy to help you.

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Customer reply replied 9 months ago
Okay will do. Thank you so much!

Bye for now.

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