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Separation Agreement Lawyer Albany NY
While some marriages may end in a divorce, sometimes it may be better for spouses to separate rather than cut off each other completely. Although such decisions may not always be easy to make, planning accordingly for this phase of life can ensure the protection of both parties' rights.
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A separation agreement is a legally binding contract highlighting the terms and conditions of the separation. It includes all of the issues that may arise after the adverse event, including financial matters, spousal support, property distribution, custodial rights, and more. Working with family law attorneys can ensure minimal conflict during the legal process.
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Divorce & Family Legal, LLC and its separation agreement lawyers have the skills and expertise to protect the rights of their clients. They bring dedication and compassion to helping individuals escape this troubling situation without harming their personal and marital assets.
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Those seeking legal representation for separation agreements in Albany, NY, should call the family law attorneys at Divorce & Family Legal, LLC, to discuss their case and learn more about their rights.
Understanding Separation Agreements
When a couple wants to end their marital relationship, separation may be a better option to consider. Through a legally binding contract, also called a separation agreement, individuals can decide to live separately while having complete involvement in child support matters.
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Typically, a separation agreement may address a wide range of issues, including child custody and support, spousal maintenance, and property division.
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In addition to that, it may also shed light on who gets to keep the family home. The legally binding contract will have details about which spouse has the right to stay and who gets to move out.
Common Reasons for Legal Separation in Albany, New York
Although New York state follows the no-fault divorce system, the law allows individuals to obtain legal separation if both parties are not happy with the marriage. There may be several reasons for this, some of which include the following:
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Adultery
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Abandonment
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Imprisonment (three or more consecutive years)
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Lack of spousal support or neglect
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Cruel treatment
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A key thing to remember is that before an individual can obtain a legal separation, they must have resided in New York for at least two years. Some conditions may reduce the requirements pertaining to the duration of a party's residence in the state.
The Benefits of Legal Separation in Albany, New York
Whether it's abusive behavior or abandonment, there are many reasons why someone may want to seek a legal separation or divorce.
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While the latter is an irretrievable breakdown of a marital relationship, some couples may find the former to be a better option. It gives them time to ponder over the things affecting their love for each other, attend counseling, and mend their broken ways.
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In addition to that, there are many other benefits of legal separation, and these are as follows:
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The relationship between the former couple remains peaceful.
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A legal separation gives both parties enough time to consider a divorce, making the process much easier.
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A husband or wife can keep their insurance if they are under the same plan as their spouse.
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Religious people can still maintain the sanctity and values of marriage while living separately from one another.
Practice Areas
The Validity of Legal Separation in Albany, NY, Depends on Both Parties
A separation agreement is only valid if both parties agree upon it. If either fails to sign the legally binding document, its terms and conditions may not be enforceable. Failing to disclose assets can also adversely impact the validity of such contracts.
Whether it's the husband or the wife, both parties should have a skilled attorney on their side. Separation without legal representation may raise some eyebrows in a court, prompting the judge to scrutinize the agreement further. Coercion or unfairness may render such contracts unenforceable.
Reconciling Differences After the Legal Separation
While a legal separation allows parties to work together to address child custody issues, it doesn't stop them from seeking counseling to reconcile their differences.
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If either spouse changes their mind about living apart, they are free to move back. Doing so with the intent to reconcile will make the legal separation agreement unenforceable.
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There is also a way for both parties to continue living together if they feel that would be better for the child. In such situations, they are free to do so, but they would need to mention such conditions in their legal separation agreement.
Process of Obtaining a Legal Separation in Albany, New York
After agreeing on the terms of the separation agreement, any party can decide to file the memorandum of separation with the Clerk of the County in Albany, where either spouse lives.
At the end of one year after the date of separation, both parties have the right to sue each other for a "no-fault" divorce. They must prove that the contractual agreement was upheld up to the time of the divorce action and the plaintiff substantially complied with the terms mentioned in the legal document.
The Importance of Working with an Experienced Divorce and Family Law Attorney
There are certain rules regarding separation and divorce, and an attorney can help their client navigate the laws pertaining to their case. The lawyer can draft the agreement according to the terms and conditions agreed upon by both parties to establish the following:
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Child custody
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Child support and financial assistance
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Spousal maintenance
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Visitation rights and responsibilities
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Distribution of marital assets
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Whether it's legal separation or divorce, the process can be complex and incredibly time-consuming. An experienced attorney can help navigate the pitfalls, draft a strong agreement, and ensure the protection of their client's rights.
Consult with the Most Reliable Separation Agreement Lawyer Albany, NY, Has to Offer!
If you're looking for an experienced separation agreement attorney in Albany or upstate New York, call Divorce & Family Legal, LLC at (518) 992-5924 to schedule a free consultation. Its passionate and committed team is ready to fight for your rights, protect your assets, and ensure a smooth transition towards child custody.