As a law firm that represents clients in divorce and family law matters, we have helped many clients deal with difficult life transitions. Generally, New York requires the proof of fault in order to obtain a divorce. However, if the spouses have filed a separation agreement in the county where either spouse lives, they may file for a no-fault divorce after one year.
A legal separation is put into effect through a binding contract called a separation agreement. This agreement can be enforced by court order and may resolve nearly all issues that would be resolved by a divorce, including:
- Child custody
- Child support
- Spousal support/maintenance
- Property division
- Allocation of assets and debts
Because there are a number of formalities that must be properly addressed, a separation agreement should be drafted by an attorney. An experienced divorce and family law attorney can also help you consider issues that you may not have contemplated, including retirement accounts and assets, real property ownership, the importance of a specific visitation schedule, a procedure to be followed if either party intends on moving to a new location and other vital issues.
Getting A Conversion Divorce Or No-Fault Divorce After A Legal Separation
You may be entitled to receive a conversion divorce or no-fault divorce one year after you have signed and executed a valid marital separation agreement. It will not be sufficient to merely separate. You must have a written marital separation agreement that is signed by both parties and that meets certain legal requirements.
Contact A Rochester, New York, Attorney For Help
If you are thinking about divorce or a legal separation, the lawyer you choose is important. As an experienced and dedicated advocate, our firm has helped many clients find solutions to difficult legal challenges. If you need quality legal representation for a divorce or separation, contact the Law Offices of Kristine M. Demo-Vazquez, P.C., at 585-441-0216 or by email.