Question #3: I am planning to ask my husband for a separation, but I don’t know what that means legally. What kind of property I hold on to is not my main concern – I want it to be a civilized parting.

A Separation Agreement should include decisions regarding child support, child custody, spousal support, division of marital property, life insurance to cover the life of the party providing support, tax matters, payment of outstanding marital debts, religious divorce, etc. among other matters which must be decided before the parties and separate.
Do not underestimate the significance of the division of marital assets which is important to making sure you will be able to maintain your lifestyle and to provide you and your children, if any, with the financial ability to go forward.
If you are located in the New York City metropolitan area please call me at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions

Question #91: Hi, If I filed a spousal separation with my wife(New York). 1)Will my wife still get the my spousal health benefits thru my employer? 2) How long is the duration of separation before I need to, if we can go back together or file for divorce? 3) If we get back together, will we need to remarry or any complicated procedure?

Until you file for divorce and a Judgment of Divorce is issued by the court and filed with the County Clerk,
You are both considered still married , even if you entered into a Separation Agreement.
Thus, even after you enter into a Separation Agreement, your spouse will still be able to be covered under your health insurance,
You can reconcile at any time, and you could file for divorce at any time.
If you decide to reconcile and have not filed for divorce, you are still legally married
And will just have to terminate or modify the Separation Agreement.

If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting to
Discuss the matter at greater length including the drafting of the Separation Agreement.

Leonard M. Weiner, Esq./Divorce Solutions

Question #90: Hi, If I filed spouse separation with my wife(New York). 1)Will my wife still get the my spousal health benefits thru my employer? 2) How long is the duration of separation before I need to, if we can go back together or file for divorce? 3) If we get back together, will we need to remarry or any complicated procedure?

Until you file for divorce and a Judgment of Divorce is issued by the court and filed with the County Clerk,
You are both considered still married , even if you entered into a Separation Agreement.
Thus, even after you enter into a Separation Agreement, your spouse will still be able to be covered under your health insurance,
You can reconcile at any time, and you could file for divorce at any time.
If you decide to reconcile and have not filed for divorce, you are still legally married
And will just have to terminate or modify the Separation Agreement.

If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting to
Discuss the matter at greater length including the drafting of the Separation Agreement.

Leonard M. Weiner, Esq./Divorce Solutions

Question #82: MY HUSBAND AND I FILED FOR A LEGAL SEPARTION OVER A YEAR AGO. WHEN THE AGREEMENT WAS MADE. I DID NOT HAVE A LAWYER LOOK AT THEM. I JUST AGREED AND SIGNED THEM. I HAVE BIPOLAR DISORDER. AT THE TIME I WAS IN A MANIC STATE, AND DID NOT MAKE THE RIGHT CHOICES FOR MYSELF. IS THERE ANYTHING I CAN DO NOW.

It may be possible to have the Separation Agreement nullified under the circumstances you describe,
especially if you were under duress by your spouse or his attorney. I would have to review the Separation Agreement to see what exactly you agreed to and how one-sided the Agrement is.

If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for a a meeting to review the Agreement.

Leonard M. Weiner, Esq./Divorce Solutions

Question #80: After you file separation papers in NY, how long does the other party have to sign or contest them?

You must file a Summons and Complaint for Separation as you would for Divorce and have it personnally served by a process server on the othet party. The other party then has 20 -30 days to reply with an Answer.

The procedural and legal requirements require the advice of experienced counsel and should not be left to self help. These matter are too important to do by yourself.

If you are living in the NYC metro area , please call me at 212-370-1660 to discuss

mediating you Separation. I can help.

Leonard M. Weiner, Esq./Divorce Solutions

Question #79: A wife abandoned her husband 16 months ago and now lives in a different state. Can an uncontested divorce for abandonment (no kids) be filed without the 1 year separation agreement? Thank you.

They can use abandonment as the grounds and then there will not be any necessity to

wait one year after the Separation Agreement is executed.

Please have the couple call me at 212-370-1660 to arrange for a meeting to discuss mediating the divorce.

I can help them so they will not have to make any court appearances or have to come to NY.

Leonard M. Weiner, Esq./Divorce Solutions

Question #69: SEPARATION: Hello- Great informative site! I have been married for 12 years and am now 40. My wife and I have three kids under the age of 16. My wife and I do not get along at all. We can not agree on anything, even simple things. This has been getting worse over the past few years. We have discussed serperation. I have requested to stay in the home. I enjoy our home and she always complains about it (too big, too old) but she refuses to leave. Since our house is a large 1860 victorian style home, we can have seperate bedrooms. We have not been sleeping together nor had relations in quite sometime. Can I file for a seperation with her still remaining in the house since we are not a “couple”? I live in a small rural town in northern New York State so I need to do my homework first. Thanks for your help. I know ending this marriage will be the best for us and our three children.

One of the benefits of mediating your separation or divorce is that you and your spouse can decide exactly how you wish to separate and where to live. The answer to your question is , yes, you may separate and still live in the same premises.

I cannot overemphasize the benefits of mediating your divorce with an attorney-mediator experienced in matrimonial matters.
When you are ready to make the move, please call me at 212-370-1660 to help you resolve this matter .

Leonard M. Weiner, Esq./Divorce Solutions

Question #68: SEPARATION: My wife and myself have been living apart for 4 months now. I would like to help her with some of the bills we had together. We do not have any children or own any property. I offered some help and she came up with an amount that sounds reasonable. She makes more money than me and she is also on my health insurance plan at my job. If I decide on a separation agreement, what determines the amount of money she would get? Can I come up with a durational maintenance amount myself?

Unlike child support, there is no statutory percentage of one’s income that is required for spousal support. The judge will consider the lifestyle of the parties during the marriage, the income of each one of the spouses, and the assets of each one of the spouses in making a determination with regard to spousal support.
One of the many advantages of mediating your separation, would be that you would be able to, in conjunction with your spouse, decide just how much to give to her and for how long, and as long as she has a source of income upon which she can rely for her maintenance, the court will not interfere with such an agreement.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting with both of you to discuss mediating your separation.

Leonard M. Weiner, Esq./Divorce Solutions

Question #63: SEPARATION: Question: My ex and I have been separated and have notarized separation papers in NY State for the past 3 years. We didn’t have anything to split up within the courts nor do we have any children. We just went our separate ways. We were only married less than a year! Her Uncle is a lawyer and he was supposed to file the papers for divorce for us after the 1 year penalty and we have been living completely separate lives for the past 3 years. NOW, her uncle just sent me only her final signed separation papers after all this time (which she did sign 3yrs ago). I was expecting my final divorce papers from him! I thought it was final years ago. I have no contact with her and apparently I need to file these papers on my own. What should I do? Where should I go? Is this process going to be costly? Is she going to have to be involved in the filing? Do I need a lawyer? Please help! This needs to be taken care of ASAP

In order to make sure that the Separation Agreement was prepared properly, I would have to review it to make sure you covered all of the legal requirements , and that you have included the necessary provisions in order to file your divorce papers and be sure that all of these matters will not come back to haunt you later on in life.These papers are too important to leave to self-help.

If you’re living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to review the Separation Agreement and to discuss the filing of divorce papers. If all the papers are in order, we may be able to file without getting your spouse involved.

Leonard M. Weiner, Esq./Divorce Solution