Articles Posted in Separation Agreement

Outsidequarrelcouple-300x200A letter on a matrimonial lawyer’s letterhead has a way of making a marriage problem suddenly feel official, and frightening. If you open your mail or email and see that your spouse has retained an attorney “in connection with your marital difficulties,” your mind may immediately move several steps ahead. Has a divorce been filed? Am I about to be served? Do I need my own lawyer?

The first thing to understand is that what I refer to as a “matrimonial difficulties letter” is not a court paper or a document required by New York law. It is simply an initial communication from an attorney intended to open a discussion about marital issues and how they might be resolved.

When I send one of these letters, mine is usually short. I tell the other spouse that I have been retained, explain that my client would like to address the parties’ marital difficulties amicably if possible, and ask the spouse, or an attorney the spouse chooses, to contact me. Continue reading ›

Separation-Agreement-Mediation-300x200When it comes to ending a marriage, couples often face a daunting array of choices, from navigating litigation to negotiating settlements. As a practitioner in matrimonial law, I engage in all facets of this process—litigation, negotiation, mediation, and even collaborative legal methods. Of these, negotiating or mediating a Separation Agreement before filing for divorce can often provide the most straightforward path forward. Here’s why.

The Value of a Separation Agreement

A Separation Agreement is a signed contract that resolves all major issues between spouses that need to be resolved. When this agreement is finalized before a divorce is filed, it offers a solid foundation for pursuing an uncontested divorce—a divorce that avoids unnecessary delays, court battles, and unexpected costs.  Nowadays, since there is No-Fault divorce in New York, we can file for divorce right away, after the agreement is signed.  The Separation Agreement becomes the settlement agreement for the divorce.  There is no need to wait a year for the divorce after signing the Sepatation Agreement, like it used to be, before New York updated the Domestic Relations Law in 2010 (why did it take New York so long?) to include No-Fault divorce. Continue reading ›

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