The exceptional advocacy and support you need.

Creating Your Parenting Plan (Custody & Visitation)

In certain situations, a husband and wife wish to live as though they are divorced without actually going through divorce proceedings. When determining whether to divorce or obtain a legal separation, it is in your best interests to enlist the advice and guidance of an attorney experienced with legal separations who can help you weigh the benefits and drawbacks of remaining married.At the Law Offices of Joy Y. Frank, located in White Plains, New York, we can assist you in seeking a legal separation. A separation agreement is the legally binding agreement that is made to determine the terms of the legal separation. It must be detailed, using precise legal language that has been crafted to preserve and protect each of your unique intentions in the agreement.

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.

Contact us for professional legal guidance.