Divorce vs. Separation Agreement

On December 5, 2011, in Divorce, Family Law, by John A. Weber IV, ESQ.

Divorce vs. Separation Agreement

The difficult decision between divorce vs. separation agreement is not easy to make.  Many people who are interested in terminating their marital relationship are unclear about the method of doing so.  They ponder whether or not they should file for divorce or simply discuss a separation agreement with their spouse.  The truth is that each case is different and what may be the best thing for you may not be the best thing for someone else.  This is because some couples have severe communication difficulties which makes it nearly impossible to negotiate a separation agreement.  Hiring legal counsel to negotiate these agreements may help to resolve important issues more expeditiously.  Attorneys may not always be able to help the couple work out their issues however.  In these cases, filing for divorce may be the only realistic way of terminating a marriage.  As always, you should consult with an attorney to discuss your options in detail before making any decision on which method of matrimonial termination is best for you.

Long Island Divorce Attorneys

If you are unsure about how to terminate your marriage and you have questions, please feel free to contact us today to speak with a family lawyer at (516) 858-2620!

According to New York Domestic Relations Law, there are certain Automatic Orders, which shall remain in effect while the divorce is pending in Supreme Court.  One of these Automatic Orders addressed in this statute prevents any spouse from selling, transferring, encumbering, assigning, or removing any property without the consent of the other spouse.  This preserves the ability of the court to make a proper ruling on any and all property that they have jurisdiction over at the time the action is brought.  This section of the DRL also covers such topics as 401k retirement plans, health insurance for spouse and children, running up marital debts, and more.

If you or your spouse have filed for divorce or are planning on filing for divorce and you are not sure if this situation is one you will have to encounter, call The Long Island Family Law Firm of Vaughn & Weber, PLLC, at (516) 858-2620 to speak with a family law attorney!

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