Separation Agreement and Opting-Out Agreement for New York Divorce

Separation Agreement:

Under New York law, a married couple can become legally separated if they have both signed a written agreement. A separation agreement typically includes the following topics: child custody, child support, visitation (parenting time), spousal support, language or provisions relating to future assets or debt and plan for living arrangements (such as who lives in the marital home).

A Separation Agreement can be a good idea if the couple has plans to reconcile in the future or if one spouse needs health insurance.

Under New York law, unless you have a signed separation agreement with your spouse, you are likely not legally separated – even if you do not live together.

There is no longer a requirement in New York for people to be legally separated for 1 year prior to getting a divorce. Now there is a legal reason of irretrievable breakdown in the relationship for a period of at least 6 months. In other words, the parties have an unfixable relationship.

Opting-Out Agreement:

Under New York law, a married couple can enter into a written settlement agreement that will essentially determine all relevant issues in a divorce and therefore the court will not have to decide for the parties certain issues such as: child custody, child support, visitation (parenting time), spousal support, language or provisions relating to future assets or debt and plan for living arrangements (such as who lives in the marital home).

New York Divorce Law is complicated so you should meet with an experienced divorce lawyer – even if you think your divorce will be easy or straightforward. The Underwood Law Firm is one of the few firms in the Syracuse area that offers free consultations on Divorce & Family Law so that everyone has an opportunity to speak with an experienced attorney about their case.

We have the experience to help guide you on your divorce. Our team will help you get the results you deserve.*

The Underwood Law Firm handles all aspects of family law including child custody, child support, separation, adoption and divorce cases in the following areas: Syracuse, Utica, Albany, Watertown, Oswego, Binghamton; Onondaga County and Madison County, including the towns, cities and villages of: Fayetteville, Manlius, DeWitt, Morrisville, Cicero, Liverpool, East Syracuse, Syracuse, Baldwinsville, Camillus, Clay, Fabius, Elbridge, Geddes, Jordan, Lafayette, Lysander, Marcellus, Minoa, North Syracuse, Otisco, Pompey, Salina, Skaneateles, Spafford, Tully, Van Buren, Eaton, Cazenovia, Canastota, Brewerton, Solvay, Central Square, Cato, Chittenango, Oneida and many other areas.

*Prior results do not guarantee a similar outcome.