Rochester, New York, Attorney for Separation Agreements
At the Law Offices of Alan L. Offen, we recognize there are many valid reasons for choosing legal separation rather than proceeding with divorce. For example, drafting a separation agreement and filing it with the court can lay firm groundwork for an efficient, less contentious divorce later on. This step may also provide a means of dividing property or resolving other issues while retaining health insurance coverage.
With over several decades of capably representing men and women in a full range of family law matters, we have gained the experience to explain considerations involved with legal separation and protect your interests at every step in the process. Please contact us today for a consultation.
What is a Separation Agreement?
In essence, a separation agreement is a contract between you and your spouse that lays the groundwork for resolving all major issues of the marriage, including property division and child custody if minor children are involved. The agreement may be detailed and specific, or it may state that such issues will be resolved at a later time.
An Alternative When Grounds for Divorce are Disputed
Under New York family law, grounds for divorce are required — and legal grounds do not include "no fault" stipulations such as irreconcilable differences, incompatibility, or inability to communicate. When grounds for divorce are disputed — as when one party will not acknowledge "cruel and inhuman treatment," adultery or other allegations — one alternative to a lengthy court battle may be the drafting of a separation agreement.
One year after a valid separation agreement is filed with the court, either spouse may seek a non-adversarial judgment of divorce. This process of filing a separation agreement and abiding by it for one year is essentially the only route to a divorce without either party assigning or acknowledging fault.
Consult an Attorney who will Listen and Provide Sound Legal Counsel
Experienced lawyer Alan L. Offen is an empathetic, practical source of legal counsel when you are weighing legal options or ready to proceed with your separation agreement. Whether your reasons for pursuing a separation agreement are financial, religious, or uncertain, we encourage you to contact us today.
