Reaching an Agreement to Separate
In New York, there must be grounds for a divorce — or the couple can agree to separate and have a contract that determines property distribution, child custody and all the other elements of a divorce. After a year, either party can take action to turn the separation agreement into a divorce agreement.
Separation Agreements · Property Distribution
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Because a separation agreement can become your divorce agreement, it is important to carefully consider all issues — equitable distribution of property, child custody, parental access, child support, spousal support — before signing the agreement. A divorce attorney at the Law Offices of Nangia & Kazansky in Brooklyn can inform you of your rights and options before you sign.
- Grounds for divorce: Some New York grounds for divorce include adultery, abandonment, constructive abandonment, cruel and inhuman treatment. For many couples, a legal separation with an agreement is a better option.
- One-year separation: After a one-year separation with a separation agreement in effect, either party can initiate a divorce (without grounds) using the terms in the separation agreement.
- Decisions to make: Because a separation agreement can be incorporated into an eventual divorce decree, both parties should put time and thought into family law decisions they will live with for many years to come — decisions like division of marital property, use of the marital home, child custody, child support, and spousal support.
Any contract — especially one so important to you and your family — should be reviewed by your own lawyer. At Nangia & Kazansky, our lawyers draft and review separation agreements to make sure our clients' rights and obligations are clear.
Contact us for information and advice about separation agreements. We represent clients in Brooklyn and throughout New York City.
