Although New York law now provides for a divorce innocently, if you or your spouse are able to prove that you have lived separately and separately under a written separation agreement and have complied with the provisions of that separation agreement for more than a year, you can obtain a divorce decision on that basis alone. An innocent divorce requires only an affidavit stating that the marriage has been irretrievably broken for six months or more. The separation agreement can also be filed as part of a divorce decision if you or your spouse decide to file for divorce on innocent grounds, instead of waiting for the year it takes to file for divorce based on the fact that you lived separately and separately under the terms of a separation agreement. Most importantly, especially when there are minor children of the marriage, a separation agreement allows you and your spouse to work out the details of custody and visitation in advance, as well as to provide family allowances and supplements to child maintenance (“add-ons”) such as health insurance, education and childcare. Second, you can get a separation judgment. All appeals for this judgment of marital separation take place in the same way as an application for divorce. The only difference between a body breakdown and a divorce is that you remain married at the end of the separation judgment. A divorce is final, as it leads to the termination of your marriage promise. 5. In the event of a dispute over the application of this Contract, the winning party shall be entitled to its reasonable costs and attorneys` fees. Instead of separating, a separation agreement could avoid costly litigation by creating a space for the couple to proactively move into the essential details of how federal and state taxes should be handled or who should pick up their child from school.
If marriage was a conscious and thoughtful decision, separation should also be approached carefully. You may be legally separated from how long you and your spouse think it is preferable. However, if you plan to later use your separation agreement as the basis for a divorce, you and your spouse must have lived apart for at least one year as part of your separation agreement. . . .