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Believing it will save time or money, some divorcing couples in New York attempt to create their own agreement without professional assistance. In New York, a separation agreement must be executed with the same formality required for a deed to be recorded, which includes having a notary sign an acknowledgment.
Here's what you should not do during a separation. Letting others influence you. When you and your spouse decide to separate, consider keeping this information private. ... Moving out. ... Jumping into a new relationship. ... Making rash decisions. ... Punishing your spouse.
Having a separation agreement is what makes you legally separated. You are not legally separated unless you have it. You and your spouse must voluntarily agree to all the terms of your separation agreement. The court will not force a separation agreement upon you.
A separation agreement generally becomes invalid and void when you begin living together again with an intent to reconcile.
Contact your local Bar Association for information, or the newspapers. § The Separation Agreement becomes legal (binding) as soon as it is notarized. You may file it (if you wish) with the County Clerk's Office in the County where either of you live now (in Queens this is in Room 100, First Floor of this building).