I am in New York City and considering a separation from my husband. If I move out without being legally separated, am I in anyway forfeiting my right to the homes/assests we own together? Can mediation be used to draw up separation papers?
Unless there is a problem with physical abuse, in which case I would suggest you move out immediately, it is best that you remain in the home until you have some written agreement regarding how the home/assets will be divided. This should be incorporated in the Separation Agreement which will deal with all of the issues necessary in the separation process and will be eventually incorporated in the divorce papers.
As an attorney-mediator, I will draft the Separation Agreement and the Divorce Papers after we have discussed all of the issues and matters pertaining to the separation and divorce and incorporate those understandings in the agreement and papers.
Please call me at 212-370-1660 to discuss the matter at greater length and to arrange for an appointment.
Leonard M. Weiner, Esq./Divorce Solutions