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Separation Agreements in New York

Experienced Legal Help with Separation Agreements

A separation agreement is what is entered into when a legal separation takes place, whereas a divorce agreement is only entered into when a final decree of divorce has been issued by the court.

They are not totally separate from each other, however, because a separation agreement is, in many cases, what leads up to a divorce. Yet this is not always the case, because some spouses choose to refrain from ever entering into divorce proceedings. This being said, a separation agreement does not necessarily have to lead to a divorce agreement.

How Does a Separation Agreement Work?

Some couples prefer to separate rather than divorce. A separation agreement is filed for by spouses at the county clerk's office, and it, in essence, declares the spouses legally separated. It does not put an end to the marriage, but does protect the rights and responsibilities of each spouse while living separately. A year after the execution of the agreement, one spouse can sue the other for divorce based on the separation agreement, and the other spouse can consent to this.

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