Legal Separation Agreement In New York
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FAQ
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.
In general, a separation agreement covers: Basic information such as the date you were married, the date you separated (or will separate) Who the children will live with (if you have children) Who will pay which bills. How property, like your home and cars, will be divided up and cared for.
If you live in New York City, you'll need to purchase an index number from the county clerk for $210; outside of NYC, the county's filing fee may be as little as $5. In New York, a simple legal separation usually costs around $1,500.
Establish communication boundaries, such as how often you'll talk to each other and what types of communication are allowed, if any. Decide how you'll handle finances and household duties during the separation. Establish a plan for how you'll talk to your children about the separation.
Each requires separation of one or more years. The law requires that you and your spouse live apart either under a written contract of separation or under a court judgment of separation and the spouse seeking the divorce must have substantially complied with the terms of the agreement or judgment.