While the decision to dissolve a marriage rarely is an easy one to make, it is a difficult process—if not impossible—to manage alone. If you are contemplating a divorce but are not certain it is the right decision at this time, you should consider seeking a legal separation agreement for the time being.
If you are wondering what is involved in coming to a legal separation agreement, you should consult with a Rochester separation agreements lawyer who can explain the law and assist you in evaluating your options. The trial-tested family attorneys at Tully Rinckey PLLC have managed numerous legal separation cases and would be happy to help you manage yours and ensure it is enforceable and attentive to your needs.
A legal separation agreement is a contract between married couples often used to determine property division. It may also cover issues of child custody, child support, spousal maintenance, division of debt and other matters that married parties living apart need addressed. It should be noted, however, that final provisions for children fall exclusively under the jurisdiction of the family courts, and it retains the right to ensure proper support for minor children.
A separation agreement may be necessary when one party to a marriage elects to move out of the marital home and establish a household elsewhere. In this case, the agreement should provide guidelines for obligations, rights, and responsibilities during the separation.
Simply living apart is not a legal separation. If a couple lives apart but does not enter a separation agreement, assets and debts accumulated during this time may be considered marital assets subject to future division by a court.
If you have a legal a separation agreement, you may later elect to convert it to a divorce, for which the previous agreement may be used as the foundation. There is no longer a waiting period to do so and the agreement may be converted to a no-fault divorce at any time.
Separation agreements can also be useful when a couple decides they need time to repair their marriage. The agreement in this scenario might allow for support, responsibilities for bill payments, and other financial considerations during the time apart. Meanwhile, the pressure of an imminent divorce is reduced, which may give the couple the time they need to resolve their differences.
Like other types of marital agreements, separation agreements must meet certain criteria in order to be enforceable. A valid separation agreement must be in writing, signed by the parties freely and voluntarily, and duly acknowledged and notarized. In addition, the agreement should be fair to both spouses and allow for asset division and consideration of support. All the prerequisite conditions are something with which a qualified separation agreements attorney in Rochester could help.
Sometimes a legal separation could be a path to reconciliation, while other times it may be a precursor to divorce. Either way, separation agreements can be helpful to couples who are experiencing marital discord.
Whether you expect to reconcile or divorce, a consultation with Tully Rinckey PLLC’s legal team may be beneficial. Since separation agreements require specific knowledge of the law to be enforceable, seek the advice of an experienced Rochester separation agreement lawyer from our firm. Get in touch today to get started on your case—we are available by phone at
at 8885294543, or by e-mail at 8885294543, or by e-mail at info@tullylegal.com.
You can also use our secure Live Chat feature to connect with us regarding your matter. Your message will be delivered to a secured firm account with a member from our team ready to assist you.
Ready to book your consultation? Click here to pay our consultation fee and book your meeting with an attorney today!
Featured Attorneys
When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the United States, we make sure you receive legal counsel and representation you can trust.
At Tully Rinckey PLLC, our commitment to quality never ends. We listen to your legal concerns, counsel you on your legal issues and represent you in legal proceedings. Our already knowledgeable attorneys are continually learning more, developing their resources and honing their skills. We make ourselves accessible to you at every turn, committing to be your long-term legal partner.
At Tully Rinckey, we work relentlessly to ensure our ethical standards and level of professionalism surpass what is expected of us by our clients and the court. Our high ethical principles call us to treat clients with respect, offer affordability to members of the communities we serve, and provide composed and dignified representation.
Tully Rinckey is a full-service law firm. We handle legal issues relating to appellate law, litigation, bankruptcy, international and U.S.-based business law, family and matrimonial law, military and federal employment law, intellectual property law, and much more. We also offer a variety of services, including estate planning, security clearance representation, and congressional investigations. Regardless of your legal needs, we have the experienced counsel you need.
