SEPARATION

Oct 27, 2018

Question #62: SEPARATION: My ex-husband and I have been separated for over 2 years now. We have separation papers that we drew up and signed, but never filed. What do I need to do to file them in NYS? Thank You

You mention that you drew up the Separation papers. It is important that the Separation Agreement be reviewed by a competent attorney to make sure that it satisfies all of the legal requirements and that you have covered all of the significant areas necessary in order to get a legal separation in New York. Separation […]

Oct 27, 2018

Question #51: My husband and i have been separated since 1999, with a signed and notarized agreement as to who gets what and who pays what. We live in New York State. Does either have any claim to the other’s property since the agreement states what is in one person’s name is theirs? Also if one person charged up credit cards in his own name and has not paid, does the other have any responsibility to the other’s creditor, when the agreement states each pays his own loans etc/?

In order to properly answer your question, I would have to review the terms of the executed Separation Agreement you are referring to. If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to review the agreement and answer any additional questions you may […]

Oct 27, 2018

Question #50: SEPARATION Is child support mandated by law when entering into a legal separation? Is this amount negotiated by the 2 parties? Is this affected if the separated parties live on different floors of the same house? Thanks.

Child custody and child support are necessary elements in any legal Separation Agreement. There are defined statutory requirements for child support, depending on the number of children and the incomes of the parents, but the parties can deviate from this statutory requirement if they provide for the adequate support, education, and medical care of the […]

Oct 27, 2018

Question #49: SEPARATION My husband and I were married in NY but we’ve been in Missouri the past two years for his graduate work. We have decided to separate but we will also be moving back to NY soon. If we get the separation agreement here, will NY recognize it if we want to divorce in one year?

Each state has its own requirements regarding what constitutes a legal document. It important to have the Separation Agreement prepared by a New York attorney in order to be sure that it will be recognized in New York. It is a common misunderstanding that one has to wait a year before one can get a […]

Oct 27, 2018

Question #44: I would like advice on my family situation. Basically me and my husband would like to legally separate and then proceed to divorce after one year. During this year we would like to have joint custody of the 2 kids we have and also to continue to live in the same apartment, but with separate lives. The reason for this is that financially he could not support me if he would move out, and I wouldn’t be able to pay a full-time baby-sitter and pay the rent from my salary. Also, during this year I would like to continue to provide health insurance for my husband. If it’s possible, please let me know to what degree all this is do-able and what do I need to do next. Also, if you could give me price information, that would be great. Thank you very much!

By utilizing my services, it is possible to enter into a Separation Agreement with the terms as you spell them out above, as long as we have the cooperation of both parties. If you’re living in the New York City metropolitan area please call me at 212-370-1660 to discuss the matter at greater length. Leonard […]

Oct 27, 2018

Question #43: My wife and I have recently separated and have been so for about three months. Our intention is to finally divorce. We are both aware that we must be separated for at least one year in order to be granted a divorce in New York State (we both live in Manhattan) and we realize we should probably draft up a separation agreement and have that notarized. Now here are a few questions: Although we’ve already been living separated for three full months, does the separation officially begin on the date the agreement is signed and notarized? And since we are aware that a LEGAL separation is not the same thing as being separated (my understanding is that a legal separation is similar to a legal divorce — you can correct me on this — and, thus, demands the same prerequisites to be eligible for a divorce in NY state), how necessary is a separation agreement? How else can we prove to NY state that we’ve been separated for one full year? Also, how necessary is it to hire attorneys, etc., to review the agreement as well as hiring a mediator to help us hammer it out? One more question… I find plenty of information on DIVORCE mediators but not on simple marriage separation mediators (someone to help us work out the basics on the separation agreement), I assume that the divorce mediators handle/are the same thing. On average, how much does a mediator cost? What organizations/listings/websites can lead me to the more reliable, experienced and recommended of the bunch. And, since we’re on a very tight budget, are there any not-for-profit legal aid/mediation groups that are affordable and can help us out in a similar manner? Thank you for your time in answering my email.

You, like many others in New York , are misinformed regarding the one year requirement. If you and your spouse are in agreement and both wish to divorce, it is possible to choose one of the acceptable grounds other than the Separation Agreement, and to file for the divorce immediately without waiting the one year […]

Oct 27, 2018

Question #37: I have my separation papers…they’ve been signed and notarized. Where am I suppose to send them?…I live in Manhattan. Thank you.

Did you have an attorney prepare these “Separation Papers” you refer to? If you are referring to a Separation Agreement, it is essential that the Agreement be prepared by an experienced attorney in your jurisdiction who knows what exactly must be covered. You also should have legal counsel review the document to be sure all […]

Oct 27, 2018

Question #36: We were married in Los Angeles, CA in late December of 2003. We are considering a separation but have several questions. We are expecting a baby in late June. I currently live part-time in CT and part-time in NYC and my husband lives full time in our NYC apt (rental). I am currently applying for jobs in NYC and Los Angeles. My husband has suggested an apartment share in NYC, so that we can raise the baby together at first. I am not completely opposed to this. My questions are as follows: 1. Can we be legally separated if we share an apartment and plan to continue cohabitating? 2. Can we discuss custodial rights in the separation agreement, in the case that I do decide to move to CA, where my family is? (My husband says he will agree to my living in LA if that is where my career takes me.) 3. My husband’s father recently added his name to a bank account to be used at our discretion (to help raise the baby). If we separate, can any of this money be allocated to our child? Can we make provisions for college funding, etc? 4. Because my husband had a poor credit history (he is from Greece and only started building his credit recently), the majority of our charges are to my account (not a joint account). Can we treat any debt, current and future, as if this is a joint account? 5. We have decided to try marital counseling. If we decided to reconcile, what steps are necessary to null the separation agreement? Can we make a post-nuptial agreement at the same time as the separation agreement, or is that redundant. If we reconcile, can we “transform” the separation agreement information into a post-nuptial agreement? How useful are post-nuptial forms? 6. We have adopted two dogs, and they are in my name. Can this be discussed in the separation agreement as well? 7. My husband and I each have assets previous to our marriage. Do we need to discuss any of these in a separation agreement?

From the nature of your questions it appears that a Post -Nuptial Agreement is what you are seeking rather than a Separation Agreement. If you intend to continue to live together as husband and wife then a Separation Agreement is inappropriate. All the other matters that you mentioned can be addressed in the Post- Nuptial […]

Oct 27, 2018

Question #35: I read on your website that a legal separation “provide[s] for separate living quarters, if they so desire”. I have read cases where the judge find separation agreement invalid because the spouses are still living together. Your statement “if they so desire” means to me that the husband and wife can still live together even though they are legally separated. What are your grounds for saying this? In the same paragraph you say that in the separation agreement, you can disinherit the spouse. Would this be found invalid as well because the husband and wife are still living together?

Separate living quarters refers to living in the same house, with perhaps one living in the upstairs apartment and one living in the downstairs apartment. That is permitted even after “Separation”. When the court says that “living together” invalidates the separation, the court is most likely using the term to refer to “having sexual relations” […]

Oct 27, 2018

Question #29: My husband moved out of the house and has mentioned his intention to file for a legal separation. We have been married for 18 years and have 2 children. What exactly does this mean? If we decide to get back together what is involved in removing the legal separation? Will we have to remarry? We live in Missouri.

A legal Separation Agreement, if prepared properly by experience legal counsel, will include provisions permitting you and your spouse to live separately, to divide your marital property, will provide which spouse will be the residential parent of the children, whether one or both of you will have custody, to provide for spousal support if necessary, […]

LEONARD M.WEINER, ESQ, Ph.D.

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Question #62: SEPARATION: My ex-husband and I have been separated for over 2 years now. We have separation papers that we drew up and signed, but never filed. What do I need to do to file them in NYS? Thank You

Question #50: SEPARATION Is child support mandated by law when entering into a legal separation? Is this amount negotiated by the 2 parties? Is this affected if the separated parties live on different floors of the same house? Thanks.

Question #49: SEPARATION My husband and I were married in NY but we’ve been in Missouri the past two years for his graduate work. We have decided to separate but we will also be moving back to NY soon. If we get the separation agreement here, will NY recognize it if we want to divorce in one year?

Question #37: I have my separation papers…they’ve been signed and notarized. Where am I suppose to send them?…I live in Manhattan. Thank you.