Separation Agreements

Staten Island Attorney Handles Marital Separation Agreements

Under New York state law, grounds for divorce must be established in every case — and the admissible grounds do not include irreconcilable differences, inability to communicate or other terms that assign "no fault." This contributes to some people's preference for a marital separation agreement. Contact me to discuss whether a separation agreement may be right for you and your current spouse.

As an experienced family lawyer, I have helped people draft and file separation agreements under a variety of circumstances. This may be a valid approach for those who:

Are not comfortable basing a divorce action on other grounds, and consequently choose to live separately for one year under a formal separation agreement
Choose to file a separation agreement with the court so that the basic framework for a divorce is already in place, but the parties have a time period to consider whether to legally end their marriage
Have religious or other personal beliefs that prevent them from seeking divorce

It is important to recognize that agreement between the parties is necessary to file a marital separation agreement. A legal separation cannot be accomplished through a one-sided or forced action without communication between the parties. People who know they want to end their marriage — but who cannot agree on the issues that come up when they do so — should gather accurate information on contested divorce.

Such difficult issues often include child custody and visitation, as well as child support and maintenance. For many couples, property distribution is also a serious point of contention.

A Staten Island Lawyer Who Will Empathize With Your Beliefs

To learn more about what is necessary to file a marital separation agreement, please contact Benjamin Haber, Attorney at Law, on Staten Island. I can handle these procedures, and provide capable counsel should you decide to proceed with divorce, or should you need help in other areas of family law.