Ingrid Gherman, Attorney at Law, Family Divorce and Matrimonial Lawyer for Legal Separation in New York

Back to Homepage
about new york legal separation, ny separation agreement, separation agreement new york
Testomonials
The philosophy of Ingrid's Law Practice
contact information about legal separation in new york and separation agreements ny
Statement of Client's Rights and Responsibilities
no-fault divorce new york, ny no-fault divorce, no fault divorce ny, new york no-fault divorce, no fault divorce new york state, no-fault divorce ny, new york state no fault divorce, nyc no-fault divorce, no-fault divorce in manhattan, no fault divorce in new york state, new divorce law in new york, no-fault divorce law in new york, new no fault divorce in ny

divorce and new york separation agreement, how to get started
frequently asked questions about marital agreements in ny
New York divorce myths,manhattan divorce lawyer discussing myths concerncing ny divorce, myths separation agreements new york divorce attorney, child custody myths in new york state, lawyer new york city divorce myths

family litigation
Pre-nuptial Agreements
marital agreements, separation agreement in ny, new york state legal separation
Child Custody and Visitation Disputes
same sex marriage new york, ny same-sex divorce, manhattan same sex marriage, separation agreements same-sex couples ny, same gender divorce new york state, if you are a same sex married couple living in Manhattan New York and need a divorce contact ny divorce lawyer Ingrid Gherman
Divorce Litigation
About Support Proceedings in New York
Equitable distribution
Appellate Practice
Mediation
Collaborative Divorce

Helpful Links
Add your Link





Marital Agreements and Legal Separation in New York
When you and your spouse separate, it is best to enter into a Separation Agreement. A separation agreement is a contract between you and your spouse that can include spousal support, child custody, visitation rights, and a division of the property acquired during the marriage. The agreement can be enforced by courts if one spouse does not comply. If the spouses later divorce, it may be included in the divorce judgment.

SEPARATION AGREEMENT

In New York, a Separation Agreement is a detailed contract which should be prepared by attorneys. In this agreement, the spouses agree to live separate for the rest of their lives. The agreement should contain the respective rights and duties of husband and wife with respect to the custody of children, visitation rights, support payments, distribution of property, and all other matters pertaining to the marital relationship

Certain vital formalities must be carefully followed, or the written agreement will not qualify as a ground for divorce.

The agreement, or a memorandum of separation, is filed (with complete confidentiality) with the Clerk of the County in New York where either spouse lives. At the end of one year from the date of the agreement, either spouse may sue the other for a "no-fault" divorce.

All that must be proven to the New York Court is that the agreement was duly executed and acknowledged and was properly filed; that the spouses have in fact lived apart during the period of the agreement up to the time of the divorce action; and that the Plaintiff has substantially complied with the terms of the separation agreement.

SEPARATION JUDGMENT

Another form of separation in New York is through a Judgment of Separation granted by the Supreme Court of the State of New York. This judgment is based on the same four "fault" grounds as for divorce. However, the abandonment may be for less than one year. In addition, "non-support" is a ground for a judgment of separation, although not for a judgment of divorce.

One year after the filing of the Court's judgment of separation, either spouse may sue for a "no-fault" divorce, based upon one year of living apart. In New York, a divorce does not occur automatically after a year. Court action must be taken.

As a NYC divorce lawyer with high expertise handling Separation Agreements in New York State, Ingrid Gherman will help you achieve the best possible terms for your Separation Agreement with your spouse. In New York the separation agreement is a contract between you and your spouse including spousal support, child custody, visitation rights and division of property acquired during marriage. She understands that a divorce attorney in NY must get the best feasible provisions for her client in a separation agreement because the New York courts may include these terms if the spouses divorce later for a no fault divorce. A divorce lawyer must also be able to get the optimum for her client before the Supreme Court of the State of New York in a Judgment of Separation.






Ingrid Gherman, P.C.

225 Broadway, Suite 1405

New York, New York 10007

Phone: (212)941-0767

Attorney Ingrid Gherman, Esq. New York divorce lawyer, child custody attorney, and matrimonial lawyer in New York, NY, NYC, Manhattan and greater New York City area

 2002 Ingrid Gherman, Esq.

Design by MW Web Design of New York

Email for more information about New York State Divorce