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Can a separation agreement be used as the divorce settlement?

Yes, if you and your spouse have been living independently under a separation agreement for at least one year, you can ask the court for what is known as a conversion divorce.

Because the separation agreement will have addressed all the matters that a divorce would – support, child custody, division of assets – a legally separated person can ask the court to convert the separation agreement into the divorce judgment.

You’ll have to show that you’ve met the terms of the agreement or the judge may insist on changes, but if you and your spouse have formed a workable plan that has suited you for the year, the judge will convert the agreement into a divorce.

Call the attorneys at Zelenitz, Shapiro & D’Agostino today at 718-725-9601 to learn how to craft durable legal frameworks for separation or divorce.

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