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Separation Agreement

What is a separation agreement? A separation agreement (also known as Pendente Lite Order) is an agreement between two spouses that provides support and other financial circumstances until the divorce is finalized. The written separation agreement will need a court order to be upheld. Without a court order, the agreement is not set in stone. If the parties can agree, then they probably wouldn’t have to appear in court, the attorney can take the signed agreement to the judge and then have it signed making it a court order. Read below where Experts have provided many answers to questions regarding to a separation agreement.

If a separation agreement has been signed and notarized by both parties, can the agreement been changed?

If they have an agreement that has been notarized and signed by both parties, it is considered an official agreement. Normally any modifications to an agreement will need to be in writing and completed by both parties. When dealing with a divorce separation agreement or a marriage separation agreement ask the Experts.

If someone has a separation agreement is there any consequences if they move with their new partner that is in the military? Also is there any military rules being broken if they do?

If they only have a separation agreement, they are not considered legally divorced. Any kind of physical relationship with another person would be considered adultery under the Uniform Code of Military Justice (UCMJ). The commanders are legally allowed to take into consideration the existing separation agreements, but they don’t have to. A traditional commander could try to punish them because of the Uniform Code of Military Justice (UCMJ).

Can a separation agreement that is considered a domestic relations order for alimony to be modified if it’s only good for one year?

If the alimony order does not say that it is non-modifiable, then the court can either reduce, terminate or increase the order at any time if it shows that there has been a change in income since the order was entered. If the person paying the alimony has had a loss or reduction in income, then that would be a qualification to have to order reduced or terminated.

If a signed separation agreement does not state a increase in child support, can the agreement be modified at a later date?

The court will be the final judge on whether there has been a change in circumstances and is severe enough to modify the child support. The court is required to make judgments based upon the best interest of the child. An alternative way to go about modifying the child support would to be file for divorce in many situations. However, the issues for custody and child support will be looked over again in a divorce process.

In the state of New York what can be done if a spouse will not sign a separation agreement?

Someone cannot force another party to sign an agreement, and if they are forced then it is not considered an agreement. In the state of New York, they can either file for a divorce or a judgment of legal separation. When filing for a legal separation, they claim the same stipulations that would be used for a divorce. New York doesn’t have a “no-fault” divorce except after a year of legal separation. A separation agreement should be negotiated between both spouses, along with all other parts of the divorce. Ask the Experts for legal answers pertaining to family law separation agreement.
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