If you want the terms of your divorce to comply with the terms of your separation agreement, you submit a conversion decision. In New York, a separation agreement is a detailed contract, normally drawn up by lawyers. In this agreement, the spouses agree to live separately and generally sets out the rights and obligations of the husband and wife with regard to custody and access, support and allocation of assets and liabilities. The separation agreement or memorandum is submitted to the Clerk of the County in New York, where each spouse lives. At the end of one year from the date of the agreement, any spouse can file for a divorce without guilt. The complaint relating to legal separation involves a summons. The complaint contains the full names and dates of birth of the applicant, the defendant and all the minor children of the marriage, the dates of marriage and separation, the reasons for the separation, a declaration of residence and a brief description of the appeals sought. 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. The summons must be served on the defendant spouse to inform them that a separation complaint has been filed. In New York, the service must be performed through a personalized service. This means that someone must deliver the complaint in person to the defendant. If you and your spouse are divorcing, there are several things that can happen with the separation agreement, depending on how it was written. First, the separation agreement could say that it will be part of the subsequent divorce decision.
This is called fusion. When a separation agreement provides for them to move to the divorce decision, the separation agreement after divorce no longer exists as a separate and enforceable contract and can be changed more easily. In New York, there are two ways to achieve a separation without a break in body: while you can make generous arrangements for children in a separation agreement and try to decide custody and access issues, you should not limit or avoid your obligations to help your minor children. Remember that issues relating to custody, access and assistance to children can still be reviewed in court and can be appealed when circumstances require change. A New York separation agreement is an agreement that you and your spouse enter into to obtain a separation without legal breakdown. We advise you to hire an experienced lawyer for separation agreements in New York to design your agreement, so that you can be sure that your rights are protected, so that you are reassured.. . .