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Separation Agreements

The attorneys at the Law Offices of Nathan Pinkhasov, PLLC understand that for some divorce is not an immediate option and separation is best.  For people wishing to separate, but not divorce, whether temporarily, or for the long-term, we recommend entering into a separation agreement with your spouse.

In New York, a Separation Agreement should be prepared by attorneys. In this agreement, the spouses agree to live separate for the rest of their lives. The agreement should contain the respective rights and duties of husband and wife with respect to the custody of children, visitation rights, support payments, distribution of property, and all other matters pertaining to the marital relationship.  Such an agreement can be enforced by the courts if one spouse does not comply and if the spouses later divorce, it may be included as part of the divorce judgment.

The experienced attorneys at the Law Offices of Nathan Pinkhasov, PLLC can ensure that your agreement contains and follows the formalities required by the court so that the agreement with withstand judicial review and can later serve as a ground for divorce should the parties wish to formally divorce down the road.

The agreement, or a memorandum of separation, is filed with the Clerk of the County in New York where either spouse lives. No one other than the parties themselves or an attorney formally retained by the parties in relation to the agreement and/or divorce can access this document.  At the end of one year from the date of the agreement, as long as the parties have continued to live apart and they have complied with the terms of the separation agreement, either spouse may sue the other for a "no-fault" divorce.