Sometimes, married people fall out of love but aren’t ready to divorce. If they decide to start living apart, they need to agree on a variety of issues concerning how to disentangle their lives, at least until they decide whether to get back together or end their marriage. The Law Offices of Randy S. Margulis helps couples throughout Western New York deal with the legal issues involved in this transition.
When spouses cease to live together, they might say they are separated. A legal separation, however, requires either a formal agreement or a court order recognizing the separation and imposing certain conditions. In New York, legal separation is often a precursor to divorce. In fact, you can convert your legal separation into a divorce one year after your legal separation takes effect. However, at least one of you must have resided in New York for at least one year immediately before you file for divorce based on the separation. Our lawyers can explain your options in detail, help you decide on the best course of action and represent you in all aspects of obtaining a legal separation.
A separation agreement is a signed, notarized contract between you and your spouse, in which the two of you agree to live apart and to keep your finances separate. The agreement can set out other terms of the separation. Once the agreement is signed and notarized, you are legally separated until you either divorce or reconcile. Our attorneys can, after reviewing your situation, draft an effective settlement agreement that serves your purposes and needs.
The separation agreement should be comprehensive enough to address all of the issues pertaining to you and your spouse living apart from each other. Depending on your circumstances, the agreement may include provisions for the following:
Because the two of you must agree to all terms, you need to be flexible and compromise with each other. We will help you understand your options and help you work out terms that take account of any of the issues that are important to you. If you and your spouse disagree on some terms, you might need to hire separate attorneys to negotiate on your behalf.
Why choose a separation agreement over a court-ordered separation? An agreement offers the following advantages
We can explain these advantages in more detail and help you work out a mutually beneficial arrangement.
The Law Offices of Randy S. Margulis represents Western New York clients in a full range of family law matters, including legal separations. Call 716-886-9600 or contact us online to schedule a consultation at our Williamsville or downtown Buffalo office.
As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.
Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…