A Separation Agreement (also known formally as a “legal separation”) can be obtained by a written agreement or by way of a judgment of the Supreme Court. Proceeding by a written agreement provides the parties the opportunity to take control of the terms of settlement rather than having decisions dictated to them through litigation.
A Separation Agreement allows the parties the opportunity to utilize the agreement as a type of “trial run” and live separate and apart, as though unmarried, prior to making the termination of the relationship a permanent one via divorce. In a Separation Agreement, issues are addressed and negotiated much the same way as they are in a divorce proceeding. Because the issues to be addressed, such as child custody, support, visitation and property distribution, are so important, it is always preferable to have the agreement drafted by a divorce attorney experienced in the area of divorce and matrimonial law.
There are many advantages to proceeding by way of separation prior to or in lieu of divorce. We would be happy to discuss with you these advantages, in detail, in a free consultation. A Separation Agreement is yet another mechanism which we at Berger, Fischoff, Shumer, Wexler & Goodman, LLP, offer our clients to address their matrimonial issues.
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