NYS Separation Agreement rippedfuel: I was wondering if someone could help me. My wife and I have been separated for 5 months and have a separation agreement filed in NYS, to get to the one year time frame to file for divorce. She is the one that moved out while I took over the house. We are considering reconciling. I feel that if this does NOT work, I want to stick with the terms of the agreement. Since this document was signed by both of us and is notarized and still on file with the state, if she moves home, stays for a while and we decide we are not compatable, can i legally hold her to the terms of the agreement or is it null and void when she moves back home??
Re: NYS Separation Agreement barelybreathing: I am a paralegal, specializing in family law. You would have to live in the toughest most complicated divorce state, next to California! Who did you separation agreement? Was it through an attorney? I am not an attorney of course, and your best bet is to talk with an attorney. New York has some funky divorce laws.
Have you tried looking online? There are valuable sites that offer very good information to get a basic understanding of some of the legalities, especially on property division. I would be happy to forward you some links if you like?
Re: NYS Separation Agreement concerned: I live in Virginia and my wife filed a separation agreement 2 weeks ago. I just found out about it the other day. She is currently back overseas and we haven't talked any more on the subject. She went thru a civilian lawyer to get this done and I was wondering if I had to sign it or if they mail stuff like that or what?
What are the basic procedures for a separation agreement?
Re: NYS Separation Agreement sourpuss: here in canada, you have to be separated for 1 year to obtain a no-fault divorce.
if you attempt to reconcile, and move back in together for more than 90 days, the clock resets to zero.
if you move back in together and it only last a few weeks, the original separation date remains.
if you try to reconcile and don't move back in together, the original separation date remains, even if you date for 6 months.
i don't know about new york, but here you can modify your separation agreement to be "in contemplation of reconciliation", altering the terms to suit your new circumstances and including a clause to have that agreement be the agreement if the reconciliation goes south.
then, if it still doesn't work, the original agreement remains in place.
