Making the decision to end a marriage isn’t easy, and under previous divorce laws in New York certain grounds for divorce were required to be established before a divorce was granted. This is where separation agreements were considered so valuable. Those who didn’t yet qualify for a divorce could use separation agreements to start the process. However, laws have changed and couples are no longer required to meet these strict guidelines in order for a divorce to be granted. While this law change has been helpful for those ready for a divorce, separation agreements are still a good option for those who are not quite ready to fully commit to divorce proceedings.
Before 2010, in order for a divorce to be granted in New York, one of five acceptable grounds for divorce had to have been established. These included abandonment, adultery and separation for a year minimum. If none of the five acceptable grounds for divorce were established, a separation agreement was considered the next best thing. However, now there is a no fault law that makes getting a divorce granted much easier than in the past.
For those on the fence about divorce, a separation agreement can set realistic guidelines — much like those offered in a divorce arrangement. Guidelines for child custody, child and spousal support and the division of assets and debts can all be included in this document, which can make separation a good trial run for how divorce would actually work for your family circumstances. To learn more about how a separation agreement can help you and your specific situation, please vis it our Newburgh Family Law Attorneys page.
Divorce or separation? They are both difficult choices to make. However, a New York attorney who is experienced in family law matters can help in either case by drawing up agreements that keep the best interests of all parties involved front and center.