The summons must be served on the defendant spouse to inform them that a separation complaint has been filed. In New York, the service must be performed through a personalized service. This means that someone must deliver the complaint in person to the defendant. Health insurance – Some couples separate without a body breakdown so that a spouse remains covered by their spouse`s health insurance. If you stay on a medical plan, you will save money. As in the case of a divorce, you must have certain reasons for obtaining a separation judgment under New York Family Law. In addition, be aware that after signing the legally binding separation contract, you can request a separation without legal breakdown. Some of the valid reasons for legal separation are: To help you prepare to discuss a separation agreement with a lawyer, below is a list of issues that a lawyer will likely ask you. Think carefully about each topic: as part of the separation agreement, you and your spouse can decide on a number of important issues, for example.B. On the subsistence of the child and the maintenance of the spouses (alimony). As with other marital agreements, a written separation agreement clearly defines the rights and obligations of you and your spouse, both during and after your separation.
If one spouse fails to comply with the obligations arising from the separation agreement, the other spouse may enforce the separation agreement through the courts. In addition, there is no period of residence if both spouses were established in New York at the time of filing the legal separation and the reasons for the legal separation have arisen in accordance with the Consolidated Provisions of New York Annotated in New York; National Relations Act, Section 11, Sections 200, 230 and 231. If you want to make sure you are entitled to a particular piece of land like your motorcycle or car, indicate this in your separation agreement. The agreement must indicate the amount of spouse`s allowance (if any) that you or your spouse pay to the other and how long. A separation agreement also deals with financial matters. The couple must follow the same process of categorizing all property as conjugal or separate property, identify all marital property (in general, it is property acquired during marriage, regardless of who they are named), value marital property, take into account the tax effects of these assets, and then distribute marital property equitably. Some assets are easy to value, others require experts. The reasons for legal separation (separation of bed and board) in New York are: adultery, abandonment, detention for three or more consecutive years, neglect and non-support for a wife, cruel and inhuman treatment…