Parties may choose to slow down the process of divorce by entering into a separation agreement and living pursuant to its terms for a minimum period of one year. The agreement covers the same legal issues as would be covered in the marital stipulation but it is not submitted contemporaneously with its signing to the court to process the divorce. After the one year separation period, either party may move to convert the agreement to a divorce, known as a conversion divorce.
Have questions? Talk to a Nassau County legal separation lawyer by calling (800) 817-5029 today. Jane K. Cristal, P.C. is here to help!
The separation agreement does not automatically convert into a divorce and, accordingly, the parties will remain legally separated until one of the parties commences process and files for the divorce.
As with any marital agreement, financial disclosure of the assets, liabilities and income of each party is essential to its integrity. Whenever a party is considering separation or divorce, a Nassau County divorce attorney should be consulted to provide insightful guidance on all relevant legal matters. At Jane K. Cristal, P.C., legal team provides diligent and effective services, remaining fully attentive to the needs of our clients from day one.
In the event your spouse violates the terms of the separation agreement, your remedy would be based upon an action to enforce the contract (like any other contracts). If you are anticipating bad faith from your spouse, you generally would want to consider seeking a judgment of divorce which is a court order that may be more easily enforced.
However, seeking a separation agreement is a cooperative process. In the event your spouse refuses to participate in the negotiations necessary to reach agreement on the terms and conditions for a separation agreement, you may wish to consider seeking a judgment of separation, which requires court intervention.
We are ready to work with you. Call (800) 817-5029!