Property & Separation Agreements Article
Becky Caruso, Esq., a Binghamton Lawyer with over 205 years experience in Divorce, Family Law, Criminal Law and the General Practice of Law; practicing in Binghamton, New York and the surrounding cities of Endicott, Johnson City, Vestal and Owego, including Broome, Tioga, Chenango, Chemung, Cortland and Delaware Counties.
Becky Caruso, Attorney At Law
Toll Free 888-275-0877
A Property and Separation Agreement may be used if you and your spouse wish to separate and desire to have all issues of custody, child support, property division, spousal support, pensions, and debts, placed into an agreement. Some couples prefer to live separate and apart for awhile before deciding whether to divorce and need to clarify certain issues that need to be considered during a time of separation. For example, if the couple has children, a marital home or other assets. The couple may have debt or issues concerning the support of one of the spouses.
Other times a couple wish to divorce and have all, or some of the above issues that need to be decided. It is preferable for the couple to come to an agreement either between each other or through their lawyers, before the filing of a divorce. Otherwise, these issues will be litigated in Court and decided upon by a Judge.
A Property and Separation Agreement will address these issues and legally bind the parties to this contract.
An example of some issues that can be specified in a Separation Agreement are:
1. Custody of the minor children and visitation rights.
2. Child Support including medical insurance coverage for the minor children.
3. Spousal Support including medical insurance coverage for the spouse.
4. Disposition of the marital residence.
5. Division of marital assets including; automobiles, household furnishings, monetary assets and division of marital debt.
Please note that a Property and Separation Agreement is not a divorce. In some jurisdictions, such an Agreement may be used to convert the Agreement into a Conversion Divorce once you have meet the requirements of your state.
It is advisable to discuss between yourselves all of the issues that need to be addressed and try to arrive at a mutual agreement. If you can arrive at a mutually satisfactory agreement, it is advisable to retain an attorney to draft an Agreement that will be valid under the rules of the State of New York. If you cannot agree upon the terms of an Agreement, your lawyer can assist you.
I can assist and advise you concerning all of the important issues that should be contained in a Separation or Property Agreement. I will also negotiate the terms of any agreement on your behalf to reach an agreement that reflects your desires and best interest. Once the issues have been resolved, I can draft an Agreement that complies with the rules of New York.
Written by Becky Caruso, Esq.
Becky Caruso, Esq. is a Binghamton Lawyer practicing in Central New York. She has over 25 years experience Matrimonial and Family Law.
Becky Caruso, Esq., Binghamton Lawyer
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