New Rochelle Separation Agreement Lawyer
A married couple seeking to dissolve their union may be opposed to the idea of divorce due to personal, financial, ethical, and emotional considerations. To resolve concerns regarding financial assets, property, and parenting support and rights, couples may enter into a separation agreement, which is designed to resolve any disputes in these matters so that a couple could go forward with a separation with an added peace of mind. If you are considering a separation agreement as an alternative to a divorce, contact a New Rochelle separation agreement lawyer. Our well-practiced family attorneys could help you learn more about your legal options and assist you in protecting your interests.
Understanding Separation Agreements
As defined by law, a separation agreement is a contract between spouses that controls all of the areas of agreement needed in order to dissolve the marriage and it may be contrasted with the stipulation of a settlement, which is a contract between two parties engaged in a legal action.
It settles that legal action by stipulation, which is incorporated in the judgment of divorce. A separation agreement is a civil contract that is signed and is enforceable. It is not necessarily part of a divorce until a person files for divorce and requests that the separation agreement is incorporated into a divorce judgment.
The only legal reason to get divorced is in order to remarry. The other implication of getting divorced is to ensure that a person may no longer be on their spouse’s health insurance. As far as the children are concerned, it does not matter legally whether the parties are living pursuant to a separation agreement or a stipulation of settlement. A New Rochelle separation agreement lawyer could review a couple’s situation and explain how the separation agreement may benefit them.
Requirements For Acknowledgement of an Agreement
In New Rochelle, the separation agreement must be in writing and it must be signed and notarized. Once those requirements have been met, there is no requirement for the agreement to be filed in court. It may be enforceable as part of a contract between two individuals regardless of whether or not it is filed.
The terms of a separation agreement may include the division of marital property such as assets and liabilities, as well as provision for or support of a spouse or children. The agreement may also govern physical custody of the children and access for the non-residential parent as well as some other items. A New Rochelle separation agreement lawyer could go into detail on how these terms may affect a person’s life.
Role of a New Rochelle Separation Agreement Attorney
A New Rochelle separation agreement lawyer could draft an agreement that respects the rights of both parties. If that person is a trained mediator who is not representing either party but has been working with them both in order to reach mutually agreeable terms, then they may be able to draft the agreement in a way that is acceptable to both parties. Both parties could benefit from having their own legal counsel examine the document and ensure their interests are protected. If one of the parties’ lawyers is doing the drafting, the other party could have their own attorney available to review that draft and make sure that it meets their needs as well. To learn more about how our lawyers could help you, call today and set up a consultation.