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A separation agreement is a detailed contract that contains all of the same issues and matters that need to be resolved and addressed in a Settlement (divorce) Agreement, such as child custody, visitation, distribution of property and alimony. Once all issues have been resolved, the separation agreement is then signed by the parties, notarized, and filed with the County Clerk's office. The Separation Agreement differs from a Settlement (divorce) Agreement, in that:

• the parties to a separation agreement live separate and apart for one year prior to the time of filing for the divorce, whereas the parties to a settlement (divorce) agreement do not need to live apart prior to the divorce, and there is no statutory time period before they are able to file for the divorce.
• the parties to a separation agreement have to live by and comply with the terms of the separation agreement during that one year period, whereas the parties to a settlement (divorce) agreement will live by and comply with the terms of the divorce once the agreement has been executed, and for all time.
• the parties to a separation agreement can file for a no-fault divorce after the one year period has passed whereas the parties to a settlement (divorce) agreement can file for divorce immediately upon execution of the agreement.

 

Contact Our White Plains Separation and Family Law Lawyer

If you are in need of an attorney to help you with your separation agreement, please contact us at  914-290-4476 or reach us online. Evening and weekend appointments by request.

• Family Law
  • Divorce
  • Equitable Distribution in New York
  • Child Support
  • Collaborative Divorce
  • Mediation
  • Prenuptial and Postnuptial Agreements
  • Separation Agreements
  • Matrimonial Litigation
• LGBT Families
  • Same-Sex Divorce
  • Cohabitation Agreements
  • Domestic Partnership Agreements
  • Same-Sex Estate Planning

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