In a divorce case, you and your spouse may sign a “separation agreement.” Some separation agreements are a binding contract between you and your spouse. Sometimes it is not binding until the judge approves it and includes it in the divorce judgment.
Separation agreements cover things like:
• Child Support and Child Custody
• Parenting Time or Visitation
• Personal Property
• Family Home
• Change of Name
• Protective Orders
Both spouses must sign a separation agreement. Your spouse cannot force you to sign a separation agreement. If your spouse pressures you to sign one, walk away and talk to your lawyer.
Talk to a lawyer if you think you might want a separation agreement. A separation agreement can affect your life for a long time. It is important to spend some time thinking about your particular situation, your needs, and the needs of your child if you are a parent. Keep in mind that things change over time.
A separation agreement usually becomes part of the divorce judgment. But the judge can refuse to accept an agreement if she believes it is unfair or if she thinks your spouse pushed or forced you to sign it.
Also, the judge will not approve the parts of the separation agreement that affect your children (such as custody) unless she believes that they are in the child’s “best interest.”
Mark D. Stern has extensive experience in Separation Agreements, Family and Matrimonial Law. Contact our firm to see how we can put our knowledge and expertise to work for you. Call us at 845-294-7990 or to contact us via email, click here.