Drafting Your Separation Agreement With A Lawyer
Ms. Frank will draft a separation agreement that defines your obligations and protects your rights. One of the benefits of these agreements is flexibility. Some of the terms that can be addressed include:
- Marital property and debt division
- Amount of spousal support and alimony
- Child custody, support and visitation
If you are legally separated, you are still legally married. This means that as husband and wife, you can still file taxes together and take advantage of other benefits of marriage, which can be in both parties’ best interests.
You can draft your separation agreement either before or after filing the complaint for a divorce. If drafted after the filing of the divorce complaint, the court calls this agreement a stipulation.
To legally separate, you must draft a comprehensive agreement. Legal separation is appropriate when you wish to continue to receive the benefits of the status of marriage while living apart. Before legally separating, you must agree to many of the same terms as a divorce. Without this agreement, the court will consider you to have abandoned your partner.
Mediating Your Legal Separation Saves Money
When seeking a legal separation, mediation can be a less combative avenue than litigation. Mediation is a way for both parties to have their needs met and questions answered, while seeking to establish a comprehensive separation agreement in a cost-effective and somewhat cooperative manner.
A neutral mediator, such as attorney Joy Y. Frank, can act impartially in order to legally establish your personalized separation agreement.
Please call us to discuss your legal separation goals in Westchester County. We are available at 914-358-0012 and by email. Your best possible future is our goal.