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What Is Legal Separation?
When a married couple decides that they no longer want to be together, they can file a legal separation agreement. This agreement is usually made with the assistance of an attorney and filed with the court system. When one year has passed from the time the separation agreement was filed, the couple can file for a divorce. The separation agreement doesn’t mean that the couple is divorced. It simply means that the couple is no longer together in a marital sense. If the couple decides to get back together, then the separation agreement usually becomes null and void, which would mean that the couple would need to refile the document if they decide to separate again in the future in order to get a divorce. When the legal separation time frame is over, the couple is still legally married and can’t marry another person. This is one of the differences between a separation and a divorce. It allows for putting the marriage back together easier than filing for a divorce and dissolving the marriage, which would mean getting a new marriage certificate in the future if the couple wants to stay together or get back together.
Couples in Brooklyn can enter into a separation agreement that details more than just when the couple decided to end the relationship. It can also provide details about child support, visitation and where each person will reside. If one person in the agreement doesn’t abide by the decisions that are made, then the court can enforce the decisions. However, if the couple decides to try to work on the marriage at some point, then the decisions set forth in the separation agreement are no longer upheld unless the couple enters into another separation period in the future. The separation agreement means that the couple no longer lives in the same home. Most separation agreements are mutual even if one person wants the separation more than the other. Each person can date other people, but no marriage can take place until the divorce is finalized.
Defenses To A Separation Agreement
If one party of the marriage is forced into the agreement, then it might not be upheld by the court. However, if both parties do agree to the agreement and don’t follow through with the decisions that are made, then the agreement could be found void by the court system. There are a few reasons as to why one person might want to file for a separation from the other, such as adultery, neglect, or cruel and unusual treatment at any time during the marriage.
Seeking An Attorney
It’s important to find an attorney who specializes in family law. If you don’t file a legal separation, then it will be hard for the court to determine when you separated and how to divide possessions. It can also be difficult to stand behind any custody agreement or child support amount if the separation is not legally filed. The separation agreement makes it easier for the couple to obtain a divorce in the state. An attorney can offer advice on how to divide property and how to deal with child support and visitation. Sometimes, issues that involve children in the relationship are legally settled when the separation agreement is entered so that everything is completed at one time.