Until 2010, New York only allowed divorce in situations where one spouse could prove marital misconduct, or if a couple had legally separated and lived apart for one year.
While separations are no longer necessary with the creation of the Irretrievable Breakdown grounds, many couples prefer to begin with a separation agreement and try counseling and mediation before deciding whether or not to divorce.
A separation agreement establishes many of the same elements that a divorce settlement would – division of marital assets and debts, child custody and support, spousal support, and more.
Once filed with the court, you and your spouse are legally separated – still married, but living independent lives in separate residences.
Separation agreements are often converted as-is into a divorce settlement, so it’s important that you negotiate the best agreement for you.
The attorneys at Zelenitz, Shapiro & D’Agostino can help.
Give us a call at 718-725-9601 and talk to a Brooklyn divorce lawyer for free.