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Divorce Law

Legal Separation

In New York, a Marital Separation Agreement is a detailed contract which should be prepared by divorce lawyers. In their Separation Agreement, the spouses agree to live separate and apart from each other for the rest of their lives. The agreement should contain the respective rights and duties of husband and wife with respect to all financial issues (such as the equitable distribution of marital assets and debts) and, if applicable, issues relating to minor children of the marriage. Certain vital formalities must be carefully followed, or the written agreement may not be enforceable. Under New York law, a marital separation agreement must be signed and acknowledged in the same manner that would entitle a deed to be recorded. Because the signing and acknowledgement requirements must be strictly followed, it is essential for you to have a separation agreement prepared by an experienced New York divorce lawyer. After the execution of your separation agreement, the agreement (or a memorandum of separation) may be filed in the Clerk of the County in New York where either of the spouses resides.

Answers to Frequently Asked Questions Regarding Legal Separation under New York's Domestic Relations Law

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